Opinion
2012-10-25
George E. ROBB, Jr., Plaintiff–Appellant, v. Mitchell LOW, Defendant–Respondent.
Wolff & Samson PC, New York (Kenneth N. Laptook of counsel), for appellant. *873Beys, Stein & Mobargha LLP, New York (Joshua D. Liston of counsel), for respondent.
Wolff & Samson PC, New York (Kenneth N. Laptook of counsel), for appellant. *873Beys, Stein & Mobargha LLP, New York (Joshua D. Liston of counsel), for respondent.
Order, Supreme Court, New York County (O. Peter Sherwood, J.), entered November 2, 2011, which, insofar as appealed from, granted, in part, defendant's motion to dismiss as time-barred the first and second causes of action for breach of contract and breach of the implied covenant of good faith and fair dealing, unanimously affirmed, without costs.
In this action arising out of the parties' co-ownership of a residential building jointly owned by them as tenants in common, the motion court properly determined that the statute of limitations for breach of the co-ownership agreement began to run when plaintiff advanced payments to pay for defendant's share of the expenses related to the property. Pursuant to the agreement, the party making such advances is entitled to recover from the defaulting party upon demand. Thus, plaintiff's claim accrued at the time he could have demanded repayment, i.e., when defendant breached the contract by failing to make his share of the expenses and plaintiff made the necessary advances ( see Sutton v. Burdick, 75 A.D.3d 884, 906 N.Y.S.2d 634 [3d Dept. 2010],lv. dismissed15 N.Y.3d 874, 912 N.Y.S.2d 562, 938 N.E.2d 996 [2010] ).
We have considered plaintiff's remaining contentions and find them unavailing.