New York Court of Appeals

Hahn Automotive Warehouse, Inc., Respondent v. American Zurich Insurance Company, Appellants

March 29, 201218 N.Y.3d 765

Summary

The New York Court of Appeals affirmed the Appellate Division, holding that the six‑year statute of limitations for Zurich's breach‑of‑contract counterclaims began when Zurich possessed the legal right to demand payment, not when it actually made the demand. The court rejected the dissent's view that the limitations period should start upon demand, finding no contractual condition precedent to delay accrual.