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HUYNH v. GREENE, BRIAN AND STERN PARTNERSHIP

34 A.D.3d 363 (2006)

824 N.Y.S.2d 635

TONY HUYNH, Individually and as Assignee of WILLOW GARDEN NATURAL, INC., Appellant, v. GREENE, BRIAN AND STERN PARTNERSHIP et al., Respondents.

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

Decided November 28, 2006.

Plaintiff's cause of action for breach of contract was barred for any claims arising more than six years prior to commencement of the action (CPLR 213 [2]; see Natimir Rest. Supply v London 62 Co., 140 A.D.2d 261 [1988]). That portion of the claim not barred by the statute of limitations nonetheless failed to state a cause of action in light of an unambiguous clause in the lease requiring plaintiff to pay 100% of the metered water...

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