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).
We held the ensure “embod[ied] a binding agreement not the same as brand new deal available roofing materials,” the newest infraction from which caused the brand new statute out of limitations anew (id. from the 610). This was thus since the offender inside the Bulova Check out “don’t just make sure the status or show of your own merchandise, but wanted to do a service” (id. from the 612). You to solution are brand new separate and you can collection of vow to correct a beneficial faulty roof-a significant part of this new parties’ contract and “a different sort of, separate and extra bonus to get” new defendant’s unit (id.