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BOMBARDIER TRANSPORTATION v. TELEPHONICS CORP.

14 A.D.3d 358 (2005)

788 N.Y.S.2d 80

In the Matter of BOMBARDIER TRANSPORATATION (HOLDINGS) USA, INC., as Successor in Interest to ABB TRACTION, INC., Appellant, v. TELEPHONICS CORPORATION, Respondent.

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

January 6, 2005.

On the record before us, none of respondent's claims is time-barred. The first claim, for unpaid work, accrued not when the work was completed, but when petitioner notified respondent that it would not issue a certificate of completion, which was a condition precedent to payment (see Kassner & Co. v City of New York, 46 N.Y.2d 544, 550 [1979]). Given the facts as set forth in the unrebutted affidavit of respondent's vice-president...

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