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LaGRECA v. CITY OF NIAGARA FALLS

244 A.D.2d 862 (1997)

665 N.Y.S.2d 229

Burnadette J. LaGreca, Individually and as Administratrix of The Estate of Frank LaGreca, Deceased, Appellant, v. City of Niagara Falls, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 19, 1997

Order and judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted defendant's motion to dismiss the complaint pursuant to CPLR 3211 (a) (5) on the ground that it is time-barred by the six-year Statute of Limitations governing breach of contract actions (see, CPLR 213 [2]). The cause of action for breach of contract accrued at the time of the breach (see, Ely-Cruikshank Co. v Bank of Montreal,

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