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Greenman-Pedersen v. Levine

Appellate Division of the Supreme Court of New York, First Department
Feb 13, 2007
37 A.D.3d 250 (N.Y. App. Div. 2007)

Opinion

No. 227.

February 13, 2007.

Order, Supreme Court, New York County (Richard B. Lowe, III, J.), entered November 14, 2005, which granted defendant's motion pursuant to CPLR 3211 (a) to dismiss the complaint and denied plaintiffs oral application to amend the complaint, unanimously affirmed, with costs.

Twomey, Latham, Shea, Kelley, Dubin, Reale Quartararo, LLP, Riverhead (John F. Shea of counsel), for appellant.

Kornfeld Associates, P.C., New York (Randy M. Kornfeld of counsel), for respondent.

Before: Tom, J.P., Sullivan, Nardelli, Gonzalez and Malone, JJ.


The stock purchase agreement contained a clause limiting to three years the time within which either party could bring an action for breach of contract. The agreement was signed on October 1, 2001 and went into effect eight days later. However, the instant action was not commenced until June 17, 2005, well after expiration of the agreed-upon period of limitation. Plaintiff has failed to show that any of its claims fall into any of the contractual exceptions for tolling the limitation period.

The court properly dismissed the claims for fraudulent concealment and negligent misrepresentation as duplicative of the claims for breach of contract and warranty. Plaintiff failed to allege the breach of any duty separate and apart from the contractual obligations ( Rivas v Amerimed USA, Inc., 34 AD3d 250).

We have reviewed plaintiffs other contentions and find them without merit.


Summaries of

Greenman-Pedersen v. Levine

Appellate Division of the Supreme Court of New York, First Department
Feb 13, 2007
37 A.D.3d 250 (N.Y. App. Div. 2007)
Case details for

Greenman-Pedersen v. Levine

Case Details

Full title:GREENMAN-PEDERSEN, INC., Appellant, v. MICHAEL LEVINE, Respondent

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

Date published: Feb 13, 2007

Citations

37 A.D.3d 250 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 1223
829 N.Y.S.2d 107

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