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SOTHEBY'S, INC. v. MAO

652283/15.

173 A.D.3d 72 (2019)

100 N.Y.S.3d 27

2019 NY Slip Op 03477

SOTHEBY'S, INC., Appellant-Respondent, v. CHRISTOPHE MAO et al., Respondents-Appellants.

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

May 2, 2019.

Attorney(s) appearing for the Case

Stroock & Stroock & Lavan LLP, New York City ( Charles G. Moerdler , Ernst H. Rosenberger , Julie G. Matos and Kayley R. McGrath of counsel), and Cahill Cossu Noh & Robinson LLP, New York City ( John R. Cahill and Paul S. Cossu of counsel), for appellant-respondent.

Thomas M. Lahiff , New York City, for respondents-appellants.

RICHTER, KAHN, OING and MOULTON, JJ., concur.

OPINION OF THE COURT

The primary issue on this appeal is whether a party to a contract may, by orally waiving the other party's accrued obligation to render a performance when due under the contract (but not the performance itself), extend its time under the statute of limitations in which to sue for breach of contract ...

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