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If a Contractual Representation or Warranty is False When Made, a Claim for Breach of Contract Accrues Upon Execution

The First Department noted that if a contractual representation or warranty is false when made, a claim for breach accrues at the time of the execution of the contract, even if the contract states that the “effective date” is earlier.  US Bank NA v DLJ Mtge Capital Inc, 2014 NY Slip Op 07093, 1st Dept 10-21-14

 

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