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MIDWEST GOLDBUYERS, INC. v. BRINK'S GLOBAL SERVS. USA, INC.

13052, 653947/12

120 A.D.3d 1150 (2014)

992 N.Y.S.2d 883

2014 NY Slip Op 06539

MIDWEST GOLDBUYERS, INC., Appellant, v. BRINK'S GLOBAL SERVICES USA, INC., a Delaware Corporation, Respondent.

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

Decided September 30, 2014.

Plaintiff's claims arising from transactions that occurred more than one year before the filing of the instant suit in New York are time-barred under the one-year contractual limitations period. The IAS court correctly held that plaintiff's prior action in Illinois was not a "prior action" for purposes of the six-month toll in CPLR 205(a) (Lehman Bros. v Hughes Hubbard & Reed, 245 A.D.2d 203

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