Opinion
June 26, 1995
Appeal from the Supreme Court, Queens County (Dunkin, J.).
Ordered that the order is reversed, on the law, with costs, the motion is denied, the cross motion is granted, and the complaint is dismissed.
Whether this action is based on negligence or breach of contract, it is barred by the applicable Statutes of Limitation (see, CPLR 213; 214 [4]; Green Point Sav. Bank v. Dan's Supreme Supermarket, 199 A.D.2d 304). Consequently, the Supreme Court erred by granting the plaintiffs' motion to amend the complaint and by denying the defendant's cross motion for summary judgment dismissing the complaint. Sullivan, J.P., O'Brien, Altman and Goldstein, JJ., concur.