Justice Sylvia G. Ash


Read Full-Text Decision

Rosenblum sued to enforce the terms of a settlement agreement entered into by him and individual Steinmetz defendants regarding parcels of real property. Two agreements­—an April 2008 final agreement (FA) and a July 2008 settlement agreement (SA)—were involved. Under the SA title and control of the parcels was to be transferred to defendants and in the event they materially defaulted, title would transfer back to plaintiff. Rosenblum alleged breaches of the agreements, while defendants claimed documentary evidence showed plaintiffs agreed to accept a one-time payment of $50,000 in lieu of any obligations within the agreements, producing two checks for $25,000 each made to Weisel—the attorney for the mediator negotiating the FA. Defendants argued the statute of limitations barred plaintiff’s action, but plaintiff claimed the earliest possible accrual date for the causes of action was July 22, 2013—when he was legally entitled to demand relief. The court found the two checks to Weisel failed to refute plaintiff’s allegations or establish their defense. Further, it noted defendants’ breach of the agreements could not have occurred until the right to make a demand was completed—in 2013 when the lender issued a notice of default. The breaches were timely asserted and dismissal denied.