Defendants' counterclaims are not barred by the statute of limitations. Their breach of contract counterclaim is based on plaintiff's (1) failure to pay requisitions that defendant Metropolitan Transportation Authority (MTA) submitted in August, October, November, and December 2001 and (2) use of the MTA Projects Fund in late 2007 to close a gap in plaintiff's budget. Clearly, these counterclaims were not barred in March 2001, when "the claims asserted in the complaint were...
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