Legal Question in Civil Litigation in New York
Breach of Contract Statute of Limitations
In a matter regarding Homeowners Association and Unit owner.....There is a contract signed by unit owner stating basically you must comply with the declaration and by-laws. The association also must abide by the enforcement procedures. On a breach of contract, the statute of limitations is 6 years; however is the s.o.l. tolled if there is an ongoing practice of breaching the contract? Also, because the contract is still in effect and has not been terminated, than is the s.o.l. not time-barred?
2 Answers from Attorneys
Re: Breach of Contract Statute of Limitations
The statute of limitations would not "toll" with respect to a breach of contract that is ongoing and continuous, however, I see no reason why you cannot base your suit on the more recent breaching behavior of the defendant.
Re: Breach of Contract Statute of Limitations
To amplify what Mr. Katz said, any breaches of contract that occurred prior to six years ago would probably be barred (although statute of limitations frequently raise tricky issues, so it would be dependent upon the specific facts of your case), but that should not preclude breaches of contract that occurred within six years ago.
-- Kenneth J. Ashman; Ashman Law Offices, LLC; 156 W. 56th Street, Suite 1920, New York, NY 10019; [email protected]
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