Senter v. Gitlitz
949 N.Y.2d 133
N.Y. App. Div.
2012
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STEWART SENTER, Individually and Derivatively on Behalf of AMERICAN CONSUMER SHOWS, INC., Now Known as ACS SHOWS, INC., et al., Respondents, v CRAIG GITLITZ et al., Appellants.

Supreme Court, Appellate Division, Second Department, New York

949 NYS2d 133

The defendants moved, inter alia, for summary judgment dismissing the plaintiff‘s breach of contract cause of action as time-barred. A breach of contract cause of action accrues, and the relevant six-year statute of limitations begins to run, at the time of the alleged breach (see CPLR 213 [2];

). Here, the defendants failed to establish, prima facie, that the breach of contract cause of action, which alleged the failure to make certain dividend payments within the six-year period prior to commencement of the action, was time-barred (see CPLR 213 [2];
). Accordingly, the Supreme Court properly denied that branch of the defendants’ motion which was for summary judgment dismissing the breach of contract cause of action as time-barred.

The defendants also failed to demonstrate, prima facie, that the cause of action alleging breach of fiduciary duty was time-barred, since the alleged acts upon which the cause of action was predicated occurred in 2009, approximately two years prior to the commencement of the present action (see CPLR 213 [1]; 214 [4]; see generally

;
). Accordingly, the Supreme Court also properly denied that branch of the defendants’ motion which was for summary judgment dismissing the cause of action alleging breach of fiduciary duty as time-barred.

The defendants’ remaining contentions are without merit.

Skelos, J.P., Florio, Belen and Sgroi, JJ., concur.