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SENTER v. GITLITZ

2011-10100.

97 A.D.3d 808 (2012)

949 N.Y.S.2d 133

2012 NY Slip Op 5734

STEWART SENTER, Individually and Derivatively on Behalf of AMERICAN CONSUMER SHOWS, INC., Now Known as ACS SHOWS, INC., et al., Respondents, v. CRAIG GITLITZ et al., Appellants.

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

July 25, 2012.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendants moved, inter alia, for summary judgment dismissing the plaintiff's breach of contract cause of action as time-barred. A breach of contract cause of action accrues, and the relevant six-year statute of limitations begins to run, at the time of the alleged breach (see CPLR 213 [2]; 6D Farm Corp. v Carr, 63 A.D.3d 903, 907 [2009])...

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