One of the first things we analyze a claim for is whether the time limit for starting a lawsuit has expired. As with many rules, there may be applicable exceptions.
Your case may not have “accrued” or started when you think it did. Or, the time limit may have been delayed or (“tolled”) for some reason. But if your time has run, it is a strong defense and could very quickly end your collection efforts.
If you are in the business of selling goods, your time may be shorter than the usual contract time limit.
Generally in New York a suit on a contract has a six-year time limit, statute of limitations, to commence the action. But if you are within the definition of a merchant and the transaction involves goods, the New York Uniform Commercial Code may apply to any claim you have, and that claim may be subject to a different, shorter, 4-year schedule.
An analysis of the underlying transaction of the claim may not always be clear cut.
For example:
What if the sale of goods was incidental to the overall contract since most of the receivable is for installation and service?
Or, does the fact that the installation and service was based upon the goods sold and delivered shorten the six (6) year statute to four (4) years?
If you have a question or would like to enforce your right to be paid, contact the office of FFGN for a free consultation by phone 212-686-0100 or email info@ffgnesqs.com.
