Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion which was for summary judgment dismissing the complaint as time-barred is denied.
We agree with the plaintiffs that the gravamen of their complaint sounds in contract law and that the Supreme Court improperly characterized their action as a proceeding pursuant to CPLR article 78 (see Abiele Contr. v New York City School Constr. Auth.,
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