DEMIAN v. CALMENSON

151515/14. 5130A. 5130.

156 A.D.3d 422 (2017)

66 N.Y.S.3d 462

2017 NY Slip Op 08481

EVE DEMIAN, Appellant, v. STEPHANIE CALMENSON, Respondent.

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

Decided December 5, 2017.


The motion court correctly ruled that plaintiff's claims, brought in 2014, are time-barred. Any claim for breach of contract or breach of the covenant of good faith and fair dealing accrued on the date of the breach — that is, the date the book was published, March 21, 2007 (see Ely-Cruikshank Co. v Bank of Montreal, 81 N.Y.2d 399, 402, 403 [1993] [breach of contract and breach...

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