Breach of Contract

Elements of a cause of action for breach of contract

The elements of a cause of action for breach of contract are (1) formation of a contract between the plaintiff and defendant; (2) performance by plaintiff; (3) defendant’s failure to perform; and (4) resulting damage. See, Palmetto Partners LP v. AJW Qualified Partners LLC, 83 AD3d 804 [2 Dept. 2011].

The elements of a cause of action for breach of contract are, “The existence of a contract, the plaintiff’s performance pursuant to that contract, the defendants’ breach of their obligations pursuant to the contract, and damages resulting from that breach (see JP Morgan Chase v. J.H. Elec. of N.Y., Inc., 69 A.D.3d 802, 893 N.Y.S.2d 237; Furia v. Furia, 116 A.D.2d 694, 498 N.Y.S.2d 12). Elisa Dreier Reporting Corp. v. Global Naps Networks, Inc., 84 AD3d 122, 127 [2d Dept 2011]; Harris v. Seward Park Housing Corporation, 79 A.D.3d 425 [1st Dept. 2010].

Breach of contract has a 6 year statute of limitations.

A breach of contract claim has a statute of limitations of six years, and which the “clock” begins to tick, not at the inception of the agreement, but at the inception of the default. Brooklyn Union Gas Co. v. Interboro Surface Co., Inc., 87 AD2d 833, 833 [2d Dept 1982]; see also, Guild v. Hopkins, 271 App.Div. 234, 244, 63 N.Y.S.2d 522 [1st Dept 1946]; Edlux Construction Corp. v. State of New York, 252 App.Div. 373, 300 N.Y.S. 509, affd. 277 N.Y. 635, 14 N.E.2d 197 [1938]).

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