Joseph Francese, Inc. v. Enlarged City School District

Mikoll, J. P.

Appeal from an order of the Supreme Court (Canfield, J.), entered September 21, 1998 in Rensselaer County, which granted defendant’s motion for summary judgment dismissing the complaint.

The question on this appeal is whether plaintiff may avail itself of the tolling provision of CPLR 204 (b) so as to maintain its otherwise time-barred breach of contract claim against defendant.

*583In July 1991, defendant entered into a contract with plaintiff, as general contractor, for the construction of Troy Elementary School No. 14, using a “Standard Form of Agreement Between Owner and…