Boyce v. New York City Health & Hospitals Corp.

In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal from so much of an order of the Supreme Court, Kings County (Rosenberg, J), dated April 15, 2003, as granted that branch of the defendants’ motion which was for summary judgment dismissing the complaint as time-barred.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion which was for summary judgment dismissing the complaint as time-barred is denied.

We agree with the plaintiffs that the gravamen of their complaint sounds in contract law and…