Legal Question in Business Law in New York

Old dispute

In 2002 my company was involved in a trasaction with a vendor in which we charged back a portion of a billdue to problems with the product. At the time we thought we worked it out with them. A couple of years later they came asking for thatvery same money. Again we thought we dealt with it.Now almost 5 years later they are claiming we still owe them this money and none of the original people we dealt with are there. Isn't there some time limt on this kind of claim???


Asked on 12/15/06, 11:47 pm

1 Answer from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Old dispute

Breach of contract has a 6 year statute of limitations. Breach of Warranty is 4 years as is the statute of limitations for the sale of goods under the uniform commercial code. This sounds like the latter, 4 year statute, although it depends.

Also, there could be a question as to when the statute begins to run; from the date of contract, sale or the time the defect became apparent.

Don't you have the first charge back in writing?

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Answered on 12/16/06, 9:53 am


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