Ely-Cruikshank Co., Inc. v. Bank of Montreal

Summary

The New York Court of Appeals held that the breach of contract cause of action was barred by the six‑year statute of limitations, because the cause accrued at the time of the alleged breach, not at the later sale of the building. Accordingly, the Court reversed the Appellate Division, granted the defendants' motion to dismiss, and answered the certified question in the negative. Justice Hancock, Jr., dissenting, argued that the cause of action should accrue when the commission became due at the sale.