Opinion
Submitted May 26, 1999
July 12, 1999
In a proceeding pursuant to CPLR article 75 to permanently stay arbitration, the appeal is from an order of the Supreme Court, Nassau County (Alpert, J.), dated July 29, 1998, which granted the petition and permanently stayed arbitration.
Kestenbaum Mark, Great Neck, N.Y. (Bernard S. Mark and Richard A. Kestenbaum of counsel), for appellant.
Cahill Gordon Reindel, New York, N.Y. (Kevin J. Burke and David A. Schlesinger of counsel), for respondent.
LAWRENCE J. BRACKEN, J.P., WILLIAM C. THOMPSON, GLORIA GOLDSTEIN, LEO F. McGINITY, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court properly determined that the subject arbitration was barred by the expiration of the six-year Statute of Limitations governing breach of contract claims, and properly declined to send the issue of the statutory time limitation to the arbitrator for a determination ( see, CPLR 7502[b], 7503[b]; Smith Barney, Harris Upham Co. v. Luckie, 85 N.Y.2d 193). In addition, the Supreme Court properly determined that the assertions of fraudulent concealment with respect to the breach of contract claim did not serve to extend the Statute of Limitations ( see, Cabrini Medical Ctr. v. Desina, 64 N.Y.2d 1059, 1061; Matter of Nassau Suffolk Radiological Assocs., P.C. v. Tugendhaft, 236 A.D.2d 411; Tomkins PLC v. Bangor Punta Consol. Corp., 194 A.D.2d 493, 494; Matter of Thaler v. Skydell, 150 A.D.2d 261).
The appellant's remaining contentions either lack merit or are improperly raised for the first time on appeal.