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SHAIKHABDUL WAHEED, plf-app, v. HABIB BANK LIMITED, def-res

16-282. SHAIKHABDUL WAHEED, plf-app, v. HABIB BANK LIMITED, def-res — Order (Debra Rose Samuels, J.), entered December 14, 2015, affirmed, with $10 costs.

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16-282. SHAIKHABDUL WAHEED, plf-app, v. HABIB BANK LIMITED, def-res — Order (Debra Rose Samuels, J.), entered December 14, 2015, affirmed, with $10 costs.

The motion court correctly dismissed the complaint as timebarred (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 AD2d 219 [1999], lv denied 94 NY2d 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 AD2d 899 [2000]).

 
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