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KRONOS, INC. v. AVX CORP.

81 N.Y.2d 90 (1993)

Kronos, Inc., Formerly Known as NL Chemicals, Inc., Appellant, v. AVX Corporation, Respondent, and TAM Ceramics, Inc., Defendant.

Court of Appeals of the State of New York.

Decided April 1, 1993.

Attorney(s) appearing for the Case

McGee & Gelman, Buffalo (William R. Bronner, Michael R. McGee, F. Brendan Burke, Jr., and Michael J. Cronin of counsel), for appellant.

Cravath, Swaine & Moore, New York City (Paul M. Dodyk and Larry W. Miller of counsel), for respondent.

Chief Judge KAYE and Judges TITONE, HANCOCK, JR., BELLACOSA and SMITH concur.

SIMONS, J.

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...

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