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ACQUAFREDDA ENTERS. LLC v. STERLING NATL. BANK

Index No. 300162/16E. Appeal No. 15276-15276A. Case Nos. 2021-01788, 2021-01789.

202 A.D.3d 501 (2022)

2022 NY Slip Op 00937

Acquafredda Enterprises LLC, Appellant, v. Sterling National Bank et al., Defendants, and Avail 1, LLC, et al., Respondents.

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

Decided February 10, 2022.

Attorney(s) appearing for the Case

Law Office of Michael Drezin, New York (Michael Drezin of counsel), for appellant.

The Margolin & Weinreb Law Group, LLP, Syosset (Seth D. Weinberg of counsel), for AVAIL 1, LLC, respondent.

Drake Loeb PLLC, New Windsor (Alana R. Bartley of counsel), for CL45 MW Loan 1, LLC, respondent.

Concur—Gische, J.P., Kern, Moulton, Kennedy, Rodriguez, JJ.

Defendants demonstrated that the breach of contract claims against them are barred by the six-year statute of limitations (CPLR 213[2], [4]). The claims accrued on December 11, 2009, the date on which the original lender, nonparty Hudson Valley Bank, purportedly wrongfully advanced the final loan payment to plaintiff's contractor in breach of its contract (see Ely-Cruikshank Co. v Bank of Montreal, 81 N.Y.2d 399, 402 [1993]; CPLR...

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