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SEARS, ROEBUCK AND CO. v. PATCHOGUE ASSOCIATES, LLC

2010-07003.

87 A.D.3d 629 (2011)

928 N.Y.S.2d 476

2011 NY Slip Op 6258

SEARS, ROEBUCK AND CO., Appellant, v. PATCHOGUE ASSOCIATES, LLC, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided August 16, 2011.

Ordered that the order is affirmed, with costs.

A breach of contract cause of action accrues, and the relevant six-year statute of limitations begins to run, at the time of the breach (see CPLR 213 [2]), which, as a general rule, "occurs when all of the factual elements necessary to maintain the lawsuit and obtain relief come into existence" (HP Capital, LLC v Village of Sleepy Hollow, 68 A...

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