DBSP, by comparison, never secured the long run show of mortgage loans
Although parties may contractually agree to undertake a separate obligation, the breach of which does not arise until some future date, the repurchase obligation undertaken by DBSP does not fit this description. To support its contrary position, the Trust relies on our decision in Bulova Watch Co. v <**25>Celotex Corp. (46 NY2d 606 ), where we considered whether the separate repair clause in a contract for the sale of a roof constituted a future promise of performance, the breach of which created a cause of action. The separate clause the seller included in that contract was a “20-Year Guaranty Bond,” which “expressly guaranteed that [the seller] would ‘at its own expense make any repairs . . . that may become necessary to maintain said Roof’ ” (id. at 608-609).
I kept your ensure “embod[ied] an agreement not the same as the fresh contract available roof product,” the fresh violation of which caused the newest statute off limitations anew (id. at 610). This was therefore because defendant in the Bulova See “didn’t only guarantee the position otherwise abilities of your goods, but offered to create an assistance” (id. within 612). That service is the latest separate and you will line of vow to correct a great faulty roof-a life threatening element of the brand new parties’ package and “a unique, independent and additional added bonus to find” the latest defendant’s product (id. during the 611). Appropriately, brand new “plans contemplating features . . . were at the mercy of a six-seasons statute . . . running years occasioned each time a violation of your obligations to fix this new fused rooftop taken place” (id.).
