Kentucky Electric Co. v. Buechel

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding accrual for the plaintiffs’ consumer protection claim began at the time of the plaintiffs purchased the defective product
• finding that GBL § 349 claim accrued when vehicles with defective brake systems were purchased, not “when the brakes failed or when [the plaintiffs] had to pay for repairs of the faulty brakes”
• noting that to prove fraudulent concealment, “[a] plaintiff must establish that ‘the defendant wrongfully concealed material facts,’ which ‘prevented plaintiff’s discovery of the nature of the claim’” (quoting Koch, 699 F.3d at 157)
• explaining that under New York law, “a plaintiff claiming rights as a third-party beneficiary must demonstrate: (1) the existence of a valid and binding contract between other parties, (2) that the contract was intended for his benefit and (3
• noting that to prove fraudulent concealment, a plaintiff must establish that ‘the defendant wrongfully concealed material facts,’ which ‘prevented plaintiff’s discovery of the nature of the claim.’” (quoting Koch v. Christie’s Int’l PLC, 699 F.3d 141, 157 (2d Cir. 2012)
• dismissing unjust enrichment claim, even pled in the alternative, where it was duplicative of plaintiff’s claim for breach of warranty

Source: CourtListener parenthetical corpus (CC0).