ELIE INTL., INC. v. MACY'S W. INC.

9987, 650811/11.

106 A.D.3d 442 (2013)

965 N.Y.S.2d 52

2013 NY Slip Op 3277

ELIE INTERNATIONAL, INC., Appellant, v. MACY'S WEST INC. et al., Respondents.

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

Decided May 7, 2013.


Plaintiff seeks to recover amounts allegedly due pursuant to a consignment agreement. However, plaintiff's May 18, 2011 customer statement indicates that the balance which it claims is due from defendant relates to three payments allegedly not made for goods sold prior to February 15, 2003. In contract actions, a claim generally accrues at the time of the breach (see Ely-Cruikshank Co. v Bank of Montreal, 81 N.Y.2d 399, 402 [1993...

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