cause of action accrues. N.Y.C.P.L.R. § 203(a). “A cause of action for breach of contract ordinarily accrues and the limitations period begins to run upon breach.” Guilbert v. Gardner, 480 F.3d 140, 149 (2d Cir.2007) (citing Ely-Cruikshank Co. v. Bank of Montreal, 81 N.Y.2d 399, 599 N.Y.S.2d 501, 615 N.E.2d 985 (1993)). Here, as alleged, the original breach of contract occurred when Natixis failed to deliver the 5,000 Warrants to Clarex. See Oscar Grass & Son, Inc. v. Hollander, 337 F.3d 186, 197 (2d Cir.2003) (“Based on clear New York law, the proper valuation for the Warrants was the date of the breach — the date [defendant] failed to deliver the Warrants.”); Waxman v. Envipco Pickup & Processing Servs., Inc., No. 02 Civ. 10132(GEL), 2006 WL 1788964, at *4 (S.D.N.Y. June 28, 2006) (<HOLDING>). The settlement date for the relevant
holding that the date of the federal indictment not the date of the state arrest was the triggering date for the speedytrial act holding that the date of sale for an installment contract was the date of contract formation not the date of the last payment due holding that interest does not begin to accrue until the date of judgment not the date of verdict holding that date of breach was date of closing where defendants do not assert any other valid reason why delivery of the receipts was delayed past the date of the closing holding that the date of transfer should be measured by the date that the transfer was good as against a subsequent bona fide purchaser or judgement holder which in accordance with applicable state law was the date of recordation as opposed to the date the deed was signed