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Steven L. Ploski, doing business as Bellwether Company, sued Harry Langer and H. L. Langer & Company, Inc., for their failure to pay for Ploski's services.

There were a couple of problems with Ploski's case.

Ploski's contract and billing invoices reflected the name of a completely different corporate entity which (for some undisclosed reason) hadn't been made a party to the lawsuit. So, when the defendants moved to dismiss the case brought against them, that request was granted by the New York County Civil Court.

On appeal, the Appellate Term, First Department, affirmed and also indicated that Ploski's claim was time-barred by the governing "statute of limitations."

While the law will usually provide a remedy if you've been injured or harmed in a significant way, you don't have an open-ended time frame within which to seek relief. Contract disputes must be initiated in an appropriate judicial forum within six years of a party's breach. Failure to be proactive, could work to your detriment (as Ploski can attest).

Is Ploski v. Langer a legal bellwether ?


For a copy of the Appellate Term's decision, please use this link: Ploski v. Langer