Opinion
No. 2023-50994
09-21-2023
Lisa Rifkin, Plaintiff-Appellant, v. Apple Computer, Defendant-Respondent.
Unpublished Opinion
MOTION DECSION
PRESENT: Hagler, P.J., Brigantti, James, JJ.
PER CURIAM.
Plaintiff appeals from an order of the Small Claims Part of the Civil Court of the City of New York, New York County (Kim M. Parker, J.), dated May 18, 2022, which granted defendant's motion to dismiss the action pursuant to CPLR 3211(a)(5).
Order (Kim M. Parker, J.), dated May 18, 2022, affirmed, without costs.
Our review of the record satisfies us that the dismissal of plaintiff's claim achieved substantial justice between the parties consistent with substantive law principles (see CCA 1804, 1807; Williams v Roper, 269 A.D.2d 125, 126 [2000], lv dismissed 95 N.Y.2d 898 [2000]). Plaintiff's claim was barred by the six-year statute of limitations governing breach of contract actions (see CPLR 213[2]). Under the terms of the parties' August 2012 agreement, plaintiff became entitled to a $3,200 gift card from defendant on September 5, 2013, when certain repair work on her computer was completed. Since plaintiff did not commence this action until August 10, 2020, the claim was time-barred. The statute of limitations begins to run on a contractual claim for the payment of a sum of money when the party that is owed money had the right to demand payment, not when it actually makes the demand (see Sotheby's, Inc. v Mao, 173 A.D.3d 72, 78 [2019], lv denied 34 N.Y.3d 902 [2019]).
We have considered plaintiff's remaining contentions and find them to be without merit.