AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

HOSSEIN AMIRTHMASEBI, ETC., appellant, v. HERTZEL BENYAMINI, ETC., ET AL., respondents.

DECISION ORDER

ORDERED that the order and judgment is affirmed insofar as appealed from, with costs.

The plaintiff brought this action to recover damages for breach of contract and unjust enrichment. The action is based on the plaintiff's claim to a share of the proceeds of the sale of real property located in Brick Township, New Jersey. The closing occurred on September 11, 1992. The plaintiff alleges that he is entitled to a share of the proceeds as a shareholder of the defendant Center Moriches Development, Inc. (hereinafter CMD). The plaintiff's causes of action accrued on the closing date, and therefore this action, which was commenced in October 1998, is time-barred by the applicable six-year statute of limitations (see CPLR 203; 213; Ely-Cruikshank Co. v. Bank of Montreal, 81 N.Y.2d 399, 402; Aetna Life Cas. Co. v. Nelson, 67 N.Y.2d 169, 175; Welwart v. Dataware Elecs. Corp., 277 A.D.2d 372). Contrary to the plaintiff's assertions, the causes of action did not accrue when the alleged $540,000 commission was paid on December 4, 1992, which payment was just another diversion of the profits allegedly owed as of the closing (see Welwart v. Dataware Elecs. Corp., supra).

ALTMAN, J.P., GOLDSTEIN, McGINITY and MASTRO, JJ., concur.

Use AI to get other relevant cases.

Comments

AMIRTHMASEBI v. BENYAMINI
(Jun 16, 2003)