The defendant brought a motion for summary judgment to dismiss the plaintiff's action for breach of contract, breach of trust, and unjust enrichment on the basis that it was statute-barred.
The parties were co-owners of a dry cleaning business that was seized by the landlord and sold.
The court found that the plaintiff discovered or ought to have discovered her claim on September 3, 2011, when she learned the business had been sold and she had received no compensation.
Because the action was not commenced until October 31, 2013, more than two years later, the court held the action was statute-barred and granted summary judgment dismissing the claim.