46 N.Y.2d 606 (1979)

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A cause of action for breach of an express promise to repair accrues upon each breach of that undertaking, and the Statute of Limitations runs six years from the date of each particular breach.

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Summary

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Bulova Watch Company sued Celotex for breach of an express promise to repair a roof for 20 years. The roof, installed in 1952, leaked repeatedly, and Bulova claimed Celotex (successor to Barrett Division) failed to adequately repair it. Bulova sued in 1973. The lower courts dismissed the case based on the Statute of Limitations. The New York Court of Appeals reversed, holding that each failure to repair constituted a separate breach, and Bulova could recover for breaches occurring within six years of filing suit and within the original 20-year guarantee period. The Court distinguished this from an implied warranty claim, which would have been time-barred.

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Facts

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In 1952, Bulova contracted for a roof installation on its factory.r
The contractor purchased roofing materials from Barrett Division, who issued two