Bombardier Transportation (Holdings) USA, Inc. v. Telephonics Corp.

Judgment, Supreme Court, New York County (James A. Yates, *359J.), entered June 28, 2004, granting respondent’s cross motion for summary judgment dismissing the petition for a permanent stay of arbitration, unanimously affirmed, without costs.

On the record before us, none of respondent’s claims is time-barred. The first claim, for unpaid work, accrued not when the work was completed, but when petitioner notified respondent that it would not issue a certificate of completion, which was a condition precedent to payment (see Kassner & Co. v City of New York, 46 NY2d 544, 550 [1979]). Given the facts…