Opinion
February 16, 1999
Appeal from the Supreme Court, Richmond County (J. Leone, J.).
Ordered that the cross appeal is dismissed, for failure to perfect the same in accordance with the rules of this Court (see, 22 NYCRR 670.8 [c], [e]); and it is further,
Ordered that the order is reversed insofar as reviewed, on the law, that branch of the defendant's cross motion which was for summary judgment dismissing the complaint as time-barred is granted, and the complaint is dismissed; and it is further,
Ordered that the defendant is awarded one bill of costs.
The plaintiffs seek to recover damages for breach of contract arising from the defendant's alleged failure to timely file plans necessary for the approval of a pipeline to be constructed on property formerly owned by the plaintiff Frank Coppotelli. Accepting Coppotelli's version of the facts as true and according it every favorable inference (see, Rizk v. Cohen, 73 N.Y.2d 98, 103; Tassone v. Johannemann, 232 A.D.2d 627, 628), the contract was breached, at the latest, in October 1988. The cause of action accrued at that time, not when Coppotelli allegedly discovered the breach, and therefore this action, commenced in July 1995, is time-barred (see, CPLR 213). Coppotelli's vague and conclusory allegation that he extended the time for performance is contrary to his claim that he was unaware that the defendant had not timely performed, and is insufficient to defeat the defendant's motion.
In light of our determination, it is unnecessary to address the defendant's remaining contentions.
Santucci, J. P., Joy, Altman and Krausman, JJ., concur.