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NEW YORK ENVTL. & ANALYTICAL LABS., INC. v. NEW YORK CITY DEPT. OF EDUC.

Index No. 650578/17. Appeal No. 11864. Case No. 2018-3438.

186 A.D.3d 1161 (2020)

129 N.Y.S.3d 326

2020 NY Slip Op 05143

New York Environmental & Analytical Laboratories, Inc., Appellant, v. New York City Department of Education et al., Respondents.

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

Decided September 29, 2020.

Claims for payment due under a contract accrue when the party making the claim "possesses a legal right to demand payment," not when the party actually makes the demand (see Hahn Automotive Warehouse, Inc. v American Zurich Ins. Co., 18 N.Y.3d 765, 770 [2012]; Sotheby's, Inc. v Mao, 173 A.D.3d 72, 78 [1st Dept 2019], lv denied 34 N.Y.3d 902 [2019]; Kyer v Ravena...

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