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STEWART v. AMBER

Index No. 101532/19. Appeal No. 16399. Case No. 2021-03961.

209 A.D.3d 513 (2022)

175 N.Y.S.3d 203

2022 NY Slip Op 05777

Linda Jean Stewart, Appellant, v. Toni Amber, Also Known as Toni Bernstein and Another, Respondent.

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

Decided October 13, 2022.

Attorney(s) appearing for the Case

Advocates for Justice, Chartered Attorneys, New York ( Laine Alida Armstrong of counsel), for appellant.

Ira Levine , Massapequa ( Stan L. Goldberg of counsel), for respondent.

Concur— Kapnick, J.P., Webber, Oing, González, Kennedy, JJ.

Order, Supreme Court, New York County (Debra James, J.), entered October 20, 2021, which granted defendant's motion to dismiss the complaint pursuant to CPLR 3211(a)(5), unanimously affirmed, without costs.

The court correctly determined that plaintiff's breach of contract claim was time-barred. The allegations in the complaint, even accepted as true and viewed in the light most favorable to plaintiff, established that the claim accrued at the latest in 2010 (see...

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