Mendelsohn v. City of New York (19th Precinct)

The court correctly determined that, pursuant to CPLR 213 (2), this action for breach of a construction contract had to be commenced within six years of substantial completion of the work and was time-barred (see Phillips Constr. Co. v City of New York, 61 NY2d 949, 951 [1984]; 645 First Ave. Manhattan Co. v Silhouette Dry wall Sys., 212 AD2d 394 [1995]). The City submitted a letter dated May 21, 1992 showing that the work was substantially complete on April 9, 1992, more than six years before plaintiff commenced this action.

Plaintiff failed to raise an issue of fact as to when the work was…