Spectrum International Holdings, Inc. v. Joyce International, Inc.

Appellate Division of the Supreme Court of New York

Spectrum International Holdings, Inc. v. Joyce International, Inc.

273 A.D.2d 84, 709 N.Y.S.2d 815, 2000 N.Y. App. Div. LEXIS 6600

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

DecidedJune 13, 2000

StatusPublished

This text of 273 A.D.2d 84 (Spectrum International Holdings, Inc. v. Joyce International, 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

Spectrum International Holdings, Inc. v. Joyce International, Inc., 273 A.D.2d 84, 709 N.Y.S.2d 815, 2000 N.Y. App. Div. LEXIS 6600 (N.Y. Ct. App. 2000).

Pincite

Opinion

Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered January 21, 2000, which granted defendant’s motion to dismiss the complaint as time-barred, unanimously affirmed, without costs.

The subject stock purchase agreement plainly provides that [85]*85to sue thereunder for breach of representation and warranty, the buyer must both give the seller notice of its claim and commence its action within one year after the agreement’s closing. Accordingly, since plaintiff buyer did not commence this action against defendant seller for breach of the seller’s contractual representations and warranties within the contractually established one-year limitation period, the action is time-barred. We have considered plaintiff’s remaining arguments and find them unavailing. Concur — Tom, J. P., Mazzarelli, Lerner and Buckley, JJ.

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Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered January 21, 2000, which granted defendant’s motion to dismiss the complaint as time-barred, unanimously affirmed, without costs.

The subject stock purchase agreement plainly provides that [85]*85to sue thereunder for breach of representation and warranty, the buyer must both give the seller notice of its claim and commence its action within one year after the agreement’s closing. Accordingly, since plaintiff buyer did not commence this action against defendant seller for breach of the seller’s contractual representations and warranties within the contractually established one-year limitation period, the action is time-barred. We have considered plaintiff’s remaining arguments and find them unavailing. Concur — Tom, J. P., Mazzarelli, Lerner and Buckley, JJ.

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Bluebook (online)

273 A.D.2d 84, 709 N.Y.S.2d 815, 2000 N.Y. App. Div. LEXIS 6600, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spectrum-international-holdings-inc-v-joyce-international-inc-nyappdiv-2000.