Niagara Recycling, Inc. v. Sevenson Environmental Services, Inc.

Appellate Division of the Supreme Court of New York

Niagara Recycling, Inc. v. Sevenson Environmental Services, Inc.

265 A.D.2d 852, 695 N.Y.S.2d 652, 1999 N.Y. App. Div. LEXIS 9923

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 1, 1999

StatusPublished

This text of 265 A.D.2d 852 (Niagara Recycling, Inc. v. Sevenson Environmental Services, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Niagara Recycling, Inc. v. Sevenson Environmental Services, Inc., 265 A.D.2d 852, 695 N.Y.S.2d 652, 1999 N.Y. App. Div. LEXIS 9923 (N.Y. Ct. App. 1999).

Pincite

Opinion

—Judgment and order unanimously affirmed without costs. Memorandum: Plaintiff commenced this action for breach of a contract in 1997 based upon defendant’s alleged failure to replace 27,000 cubic feet of clay “on or before July 15, 1988”. Supreme Court properly dismissed the action as time-barred (see, CPLR 213 [2]). Plaintiff’s reliance upon CPLR 206 (a) (2) is misplaced. That section is not applicable because the time for. performance was fixed by contract; nor does plaintiff contend that any subsequent action by defendant extended or reaffirmed defendant’s contractual obligation. (Appeal from Judgment and Order of Supreme Court, Erie County, Sconiers, J. — Summary Judgment.) Present — Pine, J. P., Wisner, Hurl-butt, Scudder and Callahan, JJ.

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—Judgment and order unanimously affirmed without costs. Memorandum: Plaintiff commenced this action for breach of a contract in 1997 based upon defendant’s alleged failure to replace 27,000 cubic feet of clay “on or before July 15, 1988”. Supreme Court properly dismissed the action as time-barred (see, CPLR 213 [2]). Plaintiff’s reliance upon CPLR 206 (a) (2) is misplaced. That section is not applicable because the time for. performance was fixed by contract; nor does plaintiff contend that any subsequent action by defendant extended or reaffirmed defendant’s contractual obligation. (Appeal from Judgment and Order of Supreme Court, Erie County, Sconiers, J. — Summary Judgment.) Present — Pine, J. P., Wisner, Hurl-butt, Scudder and Callahan, JJ.

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Bluebook (online)

265 A.D.2d 852, 695 N.Y.S.2d 652, 1999 N.Y. App. Div. LEXIS 9923, Counsel Stack Legal Research, https://law.counselstack.com/opinion/niagara-recycling-inc-v-sevenson-environmental-services-inc-nyappdiv-1999.