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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Kent v. 534 East 11th Street, 80 A.D.3d 106 (2010)

Citation
Kent v. 534 East 11th Street, 80 A.D.3d 106 (2010)
Parent Document
Kent v. 534 East 11th Street, 80 A.D.3d 106 (2010)
Jurisdiction
New York (state)
Effective Date
2010-10-28

Other Sections in This Document (44)

Full Text

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It is evident that the plaintiffs subsequent attempts to persuade this Court that all her claims sound in breach of contract are simply a maneuver to evade the statute of limitations. The plaintiff now argues that the damage to property and pecuniary interest and the monetary damages arising out of re-mediating the hazardous conditions, as well as the dimunition in value of her investment, are a breach of article 2 of the lease. However, the plaintiffs breach of contract claims, while within the six-year statute of limitations of CPLR 213, must fail because, as the defendants correctly assert, the contract to which the plaintiff refers, that is, the proprietary lease, is not before the Court.