2006 New York Code - Statute Of Limitations In Contracts For Sale



 
  Section 2--725. Statute of Limitations in Contracts for Sale.
    (1)  An  action  for breach of any contract for sale must be commenced
  within four years after the cause of action has accrued. By the original
  agreement the parties may reduce the period of limitation  to  not  less
  than one year but may not extend it.
    (2)  A  cause  of action accrues when the breach occurs, regardless of
  the aggrieved party's lack of knowledge  of  the  breach.  A  breach  of
  warranty  occurs  when  tender  of delivery is made, except that where a
  warranty explicitly extends to  future  performance  of  the  goods  and
  discovery  of  the  breach  must  await the time of such performance the
  cause of  action  accrues  when  the  breach  is  or  should  have  been
  discovered.
    (3)  Where  an  action commenced within the time limited by subsection
  (1) is so terminated as to leave available a remedy  by  another  action
  for  the  same  breach  such  other  action  may  be commenced after the
  expiration  of  the  time  limited  and  within  six  months  after  the
  termination  of  the  first  action unless the termination resulted from
  voluntary discontinuance or from dismissal for  failure  or  neglect  to
  prosecute.
    (4)  This  section does not alter the law on tolling of the statute of
  limitations nor does it apply to causes of  action  which  have  accrued
  before this Act becomes effective.

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