In an April 4, 2011, decision by Justice Scheinkman, the court considered cross motions to dismiss and for summary judgment in connection with a waterproofing job at the former Shea and Yankee Stadiums. The parties, plaintiff-contractor and defendant-subcontractor, agreed to a shorter, six-month statute-of-limitations period within which to assert contract-related claims. The court found that the shorter period was reasonable with respect to plaintiff’s claims for breach of contract, account stated, and conversion and granted defendant’s motion to dismiss these claims as untimely. As to plaintiff’s claims based on defendant’s failure timely to submit plaintiff’s labor-rate disputes to the City of New York as required under the subcontracts, however, the court found that the shorter limitations period was unreasonable because plaintiff was contractually precluded from bringing its claims in the Supreme Court until it received an unfavorable disposition from the City. Thus, the shorter period of limitations as to these claims “unreasonably deprive[d] the plaintiff of a course of action.” The court otherwise found triable issues of fact with respect to the merits of plaintiff’s labor-rate disputes.
Structural Contr. Servs., Inc., Sup Ct, Westchester County, April 4, 2011, Scheinkman, J., Index No. 22579/09.