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MENDELSOHN v. CITY OF NEW YORK (19TH PRECINCT)

5826, 602869/99.

89 A.D.3d 569 (2011)

934 N.Y.S.2d 3

2011 NY Slip Op 8291

ALLAN B. MENDELSOHN, as Chapter 7 Trustee of HIRSCH ELECTRIC CO., INC., Debtor, Appellant, v. CITY OF NEW YORK (19TH PRECINCT), Respondent.

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

Decided November 17, 2011.

The court correctly determined that, pursuant to CPLR 213 (2), this action for breach of a construction contract had to be commenced within six years of substantial completion of the work and was time-barred (see Phillips Constr. Co. v City of New York, 61 N.Y.2d 949, 951 [1984]; 645 First Ave. Manhattan Co. v Silhouette Drywall Sys., 212 A.D.2d 394 [1995]). The City submitted a letter dated...

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