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166 ARCHER AVE. CO., LLC v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION

59 A.D.3d 357 (2009)

___ N.Y.S.2d ___

166 ARCHER AVE. CO., LLC, Appellant, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Respondent.

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

Decided February 26, 2009.

Since plaintiff's claim for construction costs accrued no later than 1994, this action commenced in 2007 was untimely (CPLR 213 [2]). Plaintiff's contention—that lease provisions conditioning plaintiff's right to payment upon substantial completion and acceptance of the work and providing that defendant "may audit" plaintiff's records to determine the reasonable amount of costs should be construed as requiring completion of an audit as a condition precedent to payment...

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