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JOSEPH FRANCESE, INC. v. ENLARGED CITY SCHOOL DISTRICT OF TROY

263 A.D.2d 582 (1999)

693 N.Y.S.2d 280

JOSEPH FRANCESE, INC., Appellant, v. ENLARGED CITY SCHOOL DISTRICT OF TROY, Respondent.

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

Decided July 1, 1999.

Mikoll, J. P.

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.

In 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 Contractor...

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