—Order, Supreme Court, New York County (Barbara Kapnick, J.), entered March 23, 1999, which held in abeyance the application of petitioner Parsons Brinckerhoff Quade & Douglas, Inc. (Parsons) for a stay, pursuant to CPLR 7503 (b), of the arbitration demanded by EnergyPro, and referred to a Special Referee for a hearing and report the question of whether EnergyPro’s claims against Parsons are barred by the Statute of Limitations, unanimously reversed, on the law, without costs, the application for a stay denied, arbitration directed, and the petition dismissed. Appeal from order, same court and Justice, entered August 3, 1999, denying EnergyPro’s motion for reargument, unanimously dismissed, without costs, as taken from a non-appealable order.
Pursuant to a contract dated April 23, 1990, and subsequently amended on December 20, 1990 and April 15, 1991, Parsons was hired to provide engineering and planning services involved in the construction of a new cogeneration plant at John F. Kennedy International Airport, as well as the redevelopment of the Airport’s central heating and refrigeration plant. The parties’ agreement contained an arbitration clause, and on or about October 20, 1998, EnergyPro served Parsons with a demand for arbitration, asserting substantial cost overruns allegedly attributable to Parsons’ negligence, malpractice and breach of contract. Parsons then moved to stay the arbitration, alleging it was barred by CPLR 214 (6)’s three-year Statute of Limitations. The determinative issue is whether EnergyPro’s claims against Parsons accrued before or after October 20, 1995.
As applied to this case, the parties’ amended contract specifically required that, “Upon completion of the project and after the units are accepted by [KIAC Partners
In March 1993, KIAC Partners assigned its agreement with Parsons to EnergyPro, an entity KIAC Partners had formed to manage the project.
