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YARBRO v. WELLS FARGO BANK, N.A.

153031/14, 1635, 1634, 1633, 1632, 1631.

140 A.D.3d 668 (2016)

33 N.Y.S.3d 727

2016 NY Slip Op 05236

ERIC YARBRO et al., Appellants, v. WELLS FARGO BANK, N.A., et al., Respondents, et al., Defendants.

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

Decided June 30, 2016.

Contrary to plaintiffs' contention, the breach of contract causes of action accrued at the time of the breach, not on the date of discovery of the breach (Ely-Cruikshank Co. v Bank of Montreal, 81 N.Y.2d 399 [1993]), and the six-year statute of limitations applicable thereto had run before plaintiffs commenced this action. The negligence claims, which allege a failure to properly record certain mortgages, are governed by CPLR 214...

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