VERIZON DIRECTORIES v. CONT. HEA. PARTNERS

For purposes of CPLR 202, plaintiff is a "resident" of, and its cause of action accrued in, Delaware, the state of its incorporation ( see Global Fin. Corp. v Triare Corp., 93 NY2d 525, 529-530 ; American Lumbermens Mut. Cas. Co. of Ill. v Cochrane, 129 NYS2d 489 [1954], affd 284 App Div 884, affd 309 NY 1017). We reject plaintiffs contention that, for purposes of the statute, it is a "resident" of New York, or that its cause of action accrued in this state, by virtue of its authorization to do business and asserted extensive presence here ( see Global Fin. Corp., 93 NY2d at 528-529). Hence, New York's six-year statute of limitations does not apply ( see CPLR 202), and the action is barred by Delaware's one-year statute (Del Code Ann, tit 10, § 8111).

[Prior Case History: 2009 NY Slip Op 30907(U).]