Opinion
1439
June 20, 2002.
Order, Supreme Court, New York County (Charles Ramos, J.), entered March 14, 2001, which, inter alia, granted defendant's motion to dismiss the complaint as time-barred, unanimously affirmed, with costs.
JAMES J. HARRINGTON, for Plaintiff-appellant.
ORIN SNYDER, for Defendant-respondent.
Saxe, J.P., Sullivan, Lerner, Rubin, Friedman, JJ.
Plaintiff seeks to recover royalties. However, the documentary evidence, namely, a contract dated June 24, 1968, as amended on February 11, 1970, shows that defendant's obligation to pay royalties ceased more than six years before plaintiff brought this action. Therefore, plaintiff's breach of contract claim is time-barred (CPLR 213; Rachmani Corp. v. 9 E. 96th St. Apt. Corp., 211 A.D.2d 262, 267), as is his claim for an accounting (CPLR 213; Matter of Barabash, 37 A.D.2d 931, 932, reversed on other grounds 31 N.Y.2d 76).
We have considered plaintiff's remaining arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.