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ROSE GROUP PARK AVE. LLC v. THIRD CHURCH CHRIST, SCIENTIST, OF N.Y.

Index No. 651390/19. Appeal No. 14377. Case No. 2020-04362.

198 A.D.3d 506 (2021)

156 N.Y.S.3d 158

2021 NY Slip Op 05661

Rose Group Park Avenue LLC, Respondent, v. Third Church Christ, Scientist, of New York City, Appellant.

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

Decided October 14, 2021.

Attorney(s) appearing for the Case

Landy Wolf, PLLC, New York ( David A. Wolf of counsel), for appellant.

Seyfarth Shaw LLP, New York ( Eddy Salcedo of counsel), for respondent.

Concur—Kapnick, J.P., Singh, Shulman, Pitt, Higgitt, JJ.

The motion court correctly determined that, on the limited question before it, defendant landlord was not entitled to release of the escrow of a balance purportedly owed to it for underpaid percentage rent under the parties' lease, as those amounts fell beyond the six-year statute of limitations, as per CPLR 213(2). "In contract actions, a claim generally accrues at the time of the breach" (Elie Intl., Inc. v Macy's W. Inc., 106 A.D.3d 442

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