LA BELLE v. JOINT VENTURE OF HERKERT & LA BELLE


295 A.D.2d 797 (2002)

743 N.Y.S.2d 750

ROGER LA BELLE et al., Appellants, v. JOINT VENTURE OF HERKERT & LA BELLE et al., Respondents, et al., Defendant.

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

Decided June 20, 2002.


As plaintiffs' action was commenced in July 1999 for defendants' breach of contract occurring in October 1990, the action is untimely (see, CPLR 213 [2]). For the reasons stated by Supreme Court in rejecting plaintiffs' claims that defendants' purported partial payment tolled the statute of limitations, the cross motion by defendants Joint Venture of Herkert & La Belle, John Herkert, Sr. and John Herkert, Jr. for summary judgment was properly granted (see, Saini...

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