14 Cited authorities

  1. Ely-Cruikshank Co. v. Bank

    81 N.Y.2d 399 (N.Y. 1993)   Cited 409 times
    Holding that the statute of limitations accrues from time of breach
  2. Hahn Auto. Warehouse, Inc. v. Am. Zurich Ins. Co.

    2012 N.Y. Slip Op. 2344 (N.Y. 2012)   Cited 112 times
    Assuming there is a right to payment when the party has the contractual right to, and does, demand unconditional payment
  3. John J. Kassner & Co. v. City of New York

    46 N.Y.2d 544 (N.Y. 1979)   Cited 274 times
    Holding that "the cause of action accrues and the Statute of Limitations begins to run from the time of the breach" of a contract
  4. ACE Securities Corp. v. DB Structured Products, Inc.

    112 A.D.3d 522 (N.Y. App. Div. 2013)   Cited 81 times   2 Legal Analyses
    Holding that plaintiff's breach of representations and warranties claims relating to mortgage loans sold to plaintiff by defendant were untimely because "the claims accrued on the closing date of the [mortgage loan purchase agreement], . . . when any breach of the representations and warranties contained therein occurred"
  5. Deutsche Bank Nat'l Trust Co. v. Quicken Loans Inc.

    810 F.3d 861 (2d Cir. 2015)   Cited 68 times   1 Legal Analyses
    Affirming decision to dismiss good-faith-and-fair-dealing-claim as duplicative of breach-of-contract claim
  6. U.S. Bank Nat'l Ass'n v. Greenpoint Mortg. Funding, Inc.

    147 A.D.3d 79 (N.Y. App. Div. 2016)   Cited 22 times
    In GreenPoint, another suit by an RMBS trust against the mortgage loans' originator, the trust commenced the action by filing a summons with notice "exactly six years after May 31, 2007, the closing date of the underlying transaction in which the representations and warranties were made."
  7. Lehman XS Trust, Series 2006-4N v. Greenpoint Mortgage Funding, Inc.

    991 F. Supp. 2d 472 (S.D.N.Y. 2014)   Cited 22 times   1 Legal Analyses
    Holding that failure to comply with "cure or repurchase" obligations does not give rise to a separate breach of contract claim
  8. Bulova Watch v. Celotex Corp.

    46 N.Y.2d 606 (N.Y. 1979)   Cited 80 times   1 Legal Analyses
    Holding that the six-year statute of limitations period began anew with each new leak of a roof where contractor had made 20–year guarantee to repair roof
  9. Deutsche Bank Nat'l Trust Co. v. Flagstar Capital Mkts. Corp.

    143 A.D.3d 15 (N.Y. App. Div. 2016)   Cited 17 times   1 Legal Analyses

    08-11-2016 DEUTSCHE BANK NATIONAL TRUST COMPANY, solely in its capacity as Trustee of the Harborview Mortgage Loan Trust 2007–7, Plaintiff–Appellant, v. FLAGSTAR CAPITAL MARKETS CORPORATION, Defendant, Quicken Loans, Inc., Defendant–Respondent. WMC Mortgage, LLC, Amicus Curiae. Lowenstein Sandler LLP, New York (Zachary D. Rosenbaum, Michael J. Hampson and Jonathan C. Wishnia of counsel), for appellant. Jones Day, New York (Howard F. Sidman, Heidi A. Wendel and Michael O. Thayer of counsel), for respondent

  10. Lehman XS Trust, Series 2006-4N ex rel. U.S. Bank National Ass'n

    643 F. App'x 14 (2d Cir. 2016)   Cited 7 times
    Finding that under New York law, "a breach of contract claim accrues at the time of breach"
  11. Section 17-103 - Agreements waiving the statute of limitation

    N.Y. Gen. Oblig. Law § 17-103   Cited 73 times
    Reserving courts the power "to find that by reason of conduct of the party to be charged it is inequitable to permit him to interpose a defense of the statute of limitations."