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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