Goldman Copeland Associates, P. C. v. Goodstein Bros.

—Or*371der, Supreme Court, New York County (Charles Ramos, J.), entered on or about October 7, 1998, which, in an action arising out of a porter wage escalation clause in a commercial lease, insofar as appealed from as limited by the briefs, granted defendant landlord’s motion for summary judgment dismissing plaintiff tenant’s cause of action for breach of contract as time-barred, unanimously affirmed, without costs.

It is undisputed that the landlord gave the tenant detailed yearly porter wage escalation statements for the years in question, which were paid by the tenant without protest. Since…