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CB RICHARD ELLIS-BUFFALO, LLC v. KUNVARJI HOTELS, INC.
Citations: 94 A.D.3d 1458; 942 N.Y.S.2d 825Docket: CA 11-02222
Court: Appellate Division of the Supreme Court of the State of New York; April 20, 2012; New York; State Appellate Court
Original Court Document: View Document
The Appellate Division of the Supreme Court of New York affirmed the lower court's order which granted defendants’ motion to dismiss the complaint filed by CB Richard Ellis-Buffalo, LLC, a real estate broker, regarding a breach of contract. The plaintiff sought to recover a commission for services related to a commercial lease by Kunvarji Hotels, Inc. The court found that the claims for breach of contract, quantum meruit, and unjust enrichment were time-barred under the applicable six-year statute of limitations, as established by CPLR 213. The statute of limitations began when the commission was earned, which coincided with the execution of the lease agreement in January 2005. The lawsuit was initiated on February 23, 2011, exceeding the six-year limit. Additionally, the court denied the plaintiff’s cross-motion for partial summary judgment on the basis that the issue had not been joined. The plaintiff did not contest the dismissal of two other causes of action, effectively abandoning those claims. The decision was entered on April 20, 2012.