166 Archer Avenue Co. v. New York City Health & Hospitals Corp.

Order, Supreme Court, New York County (Herman Cahn, J.), entered March 19, 2008, which granted defendant’s motion for partial summary judgment dismissing the cause of action for breach of contract as untimely, unanimously affirmed, without costs.

Since plaintiffs claim for construction costs accrued no later than 1994, this action commenced in 2007 was untimely (CPLR 213 [2]). Plaintiffs contention—that lease provisions conditioning plaintiffs right to payment upon substantial completion and acceptance of the work and providing that defendant “may audit” plaintiffs records to determine the…