Ordered that the order is affirmed, with costs.
Pursuant to the unambiguous terms of the agreement between the plaintiff and the defendant, the applicable Statute of Limitations began to run upon "substantial completion" of the project. As the Supreme Court correctly found, substantial completion, as that term is defined in the agreement, occurred no later than November 7, 1994, when the premises was occupied for its intended use. Accordingly, this action, which was...
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