New York Court of Appeals

John J. Kassner & Co., Inc., Respondent v. City of New York, Appellant

March 27, 197946 N.Y.2d 544

Summary

The Court held that the cause of action accrued no later than July 1, 1968, when the audit results were communicated, and that the contractual six‑month limitation clause governs the timeliness of the suit, but it cannot extend the statutory period because it was made before accrual. Accordingly, the plaintiff's action filed on April 18, 1975 was timely and the city’s summary‑judgment motion was denied.