(Download) "Kronos v. Avx Corporation" by Court of Appeals of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Kronos v. Avx Corporation
- Author : Court of Appeals of New York
- Release Date : January 01, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Plaintiff instituted this action in 1991 alleging in its third cause of action that defendant AVX had tortiously induced the breach of its contract with another. AVX moved to dismiss the cause of action claiming it was time- barred (CPLR 3211 [a] [5]). The parties agree that the three-year Statute of Limitations for injury to property applies (see, CPLR 214 [4]), and the sole question presented is whether the cause of action accrued when the contract was breached in 1984, as AVX contends, or in 1988 when plaintiff alleges it first suffered actual damages as a result of AVXs tortious conduct. Plaintiff had no cause of action, and the Statute of Limitations could not start to run, until plaintiff suffered injury (see, Schmidt v Merchants Desp. Transp. Co., 270 NY 287, 300; see generally, Siegel, NY Prac § 40, at 47 [2d ed]). Inasmuch as plaintiffs complaint alleges facts demonstrating that no injury was sustained until 1988, AVXs motion to dismiss should be denied.
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