Opinion
June 6, 1988
Appeal from the Supreme Court, Suffolk County (Tanenbaum, J.).
Ordered that the order is affirmed, with costs.
While the appellant is correct in contending that the six-year Statute of Limitations applies to the plaintiff's action (see, CPLR 213), the Supreme Court properly found that CPLR 206 (a) (1) also applies; hence, the plaintiff's claim accrued not upon the date of execution of the escrow agreement, but long after that date when he first became aware of the facts which entitled him to demand compliance with the terms of that agreement (see, e.g., Bernstein v La Rue, 120 A.D.2d 476, lv dismissed 70 N.Y.2d 746). As such, the plaintiff's commencement of the present action was timely, and the appellant's motion to dismiss was appropriately denied. Kunzeman, J.P., Kooper, Sullivan and Balletta, JJ., concur.