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YONKERS CONTRACTING CO., INC. v. PORT AUTH. TRANS-HUDSON CORP.

248 A.D.2d 463 (1998)

669 N.Y.S.2d 671

Yonkers Contracting Company, Inc., Appellant-Respondent, v. Port Authority Trans-Hudson Corporation, Respondent-Appellant

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

March 9, 1998

Ordered that the order is affirmed, without costs or disbursements.

The plaintiff failed to commence this action within one year after the cause of action accrued, as mandated by McKinney's Unconsolidated Laws of NY § 7107 (L 1950, ch 301, § 7). Because the one-year period in which to commence an action constitutes a condition precedent rather than a mere Statute of Limitations (see, Lumbermens Mut. Cas. Co. v Port Auth., 137...

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