Opinion
No. 570266/16.
10-11-2016
Shaikhabdul WAHEED, Plaintiff–Appellant, v. HABIB BANK LIMITED, Defendant–Respondent.
Order (Debra Rose Samuels, J.), entered December 14, 2015, affirmed, with $10 costs.
The motion court correctly dismissed the complaint as time-barred (see CPLR 3211[a][5] ). The parties' submissions established without contradiction that plaintiff's employment was terminated on October 18, 1995. Accordingly, this 2015 action for unpaid wages and other compensation is barred by the six-year Statute of Limitations, whether the claim is based in contract (see CPLR 213 [2 ]; Mishalove v. Goldfarb, 260 A.D.2d 219 [1999], lv denied 94 N.Y.2d 815 [1999] ) or the provisions of the Labor Law (see Labor Law § 198 [3] ). The unpleaded disability discrimination claim under the Americans With Disability Act, raised for the first time by plaintiff in opposition to defendant's dismissal motion, even if considered, would also be time-barred (see 42 USC § 2000e–5 [e][1]; Martinez–Tolentino v. Buffalo State Coll., 277 A.D.2d 899 [2000] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur.