The following excerpt is from Nyahsa Servs., Inc. v. People Care Inc., 5 N.Y.S.3d 329 (Table) (N.Y. Sup. Ct. 2014):
A claim for breach of fiduciary duty generally accrues as soon as the claim becomes enforceable, i.e., when all elements of the tort can be truthfully alleged in a complaint. As with other torts in which damage is an essential element, the claim ... is not enforceable until damages are sustained (IDT, 12 N.Y.2d at 140141, 237 N.Y.S.2d 308, 187 N.E.2d 769 [internal quotation marks omitted] ). Accordingly, the statute of limitations ordinarily begins to run on the earliest date upon which the alleged breach of duty causes the plaintiff to sustain damages (see Cator v. Bauman, 39 A.D.3d 1263, 1264, 833 N.Y.S.2d 811 [4th Dept 2007] ; Kaufman v. Cohen, 307 A.D.2d 113, 121 n. 3, 760 N.Y.S.2d 157 [1st Dept 2003] ).
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