The subject contracts, by their terms, limit petitioner's remedy following a declaration of default to a CPLR article 78 proceeding. Since respondent declared petitioner to be in default of the two contracts in separate letters dated January 29, 2002, and petitioner did not commence the instant proceeding until August 16, 2002, the proceeding was properly dismissed as time-barred (CPLR 217 [1]). We reject petitioner's argument that the default determinations are not final...
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