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DART MECH. CORP. v. CITY OF NEW YORK

13133, 651023/12.

121 A.D.3d 452 (2014)

994 N.Y.S.2d 90

2014 NY Slip Op 06782

DART MECHANICAL CORP., Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided October 7, 2014.

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered August 21, 2013, which granted defendants' motion to dismiss the complaint as untimely, unanimously affirmed, without costs.

The motion court correctly applied the limitations period in the parties' construction contract to bar plaintiff's claim for delay damages. The six-month period was not unreasonably short (see CAB Assoc. v City of New York, 32 A.D.3d 229

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