The following numbered papers were read on these motions: Submitted by Defendant Notice of Motion dated April 14, 2022 Affirmation in Support dated April 11, 2022 Exhibit A — Summons and Complaint Exhibit B — Answer Exhibit C — Preliminary Conference Required Notice Exhibit D — Prior Notice of Motion Exhibit E — Preliminary Conference Required Notice Exhibit F — February 13, 2020 Preliminary Conference Order Exhibit G — Discovery Demands Exhibit H — Notice to Admit Exhibit I — Letter Dated January 2, 2020 Exhibit J — February 13, 2020 Preliminary Conference Order Exhibit K — Responses to Discovery Demands Exhibit L — Letter Dated March 19, 2020 Exhibit M — Letter Dated March 20, 2020 Exhibit N — March 24, 2020 Exhibit O — Letter Dated April 14, 2020 Exhibit P — Letter Dated August 28, 2020 Exhibit Q — Letter Dated September 14, 2020 Exhibit R — Prior Notice of Motion Exhibit S — May 21, 2021 Centralized Compliance Part Order Exhibit T — June 10, 2021 Letter Exhibit U — June 28, 2021 Transcript of EBT No-Show Affidavit in Support Dated March 24, 2022 Exhibit A — Retail Installment Obligation Exhibit B — Plaintiff’s Account Billing Statement Statement of Undisputed Material Facts Dated April 11, 2022 Affirmation of Good Faith Dated April 11, 2022 Affidavit of Service Dated April 14, 2022 Memorandum of Law dated April 11, 2022 Letter to Court Dated June 22, 2023 DECISION AND ORDER Upon the foregoing papers and having heard oral argument on the record, the within motion is determined as follows. Background Defendant Apex Technical School (“Defendant”) has moved for summary judgment pursuant to CPLR 3212 to dismiss the pro se Plaintiff Makendy J. Louisma’s (“Plaintiff”) Complaint for failure to state a cause of action pursuant to CPLR 3211 (a) (7), and as untimely pursuant to CPLR 3211 (a) (5) (statute of limitations). Defendant also moved to strike the Complaint under CPLR 3126 due to Plaintiff’s alleged chronic discovery failures. Defendant Apex Technical School is an adult vocational school located in Long Island City, Queens. This institution offers students trade school courses in air conditioning, refrigeration, welding technology, plumbing, and construction, among other fields. On August 30, 2018, Plaintiff commenced this action against Defendant by filing a Summons and Complaint (see Complaint). In the Complaint, Plaintiff alleged that he enrolled at the Defendant Apex Technical School’s air conditioning program in January 2012 (see Complaint 3). Plaintiff alleged that he completed eleven months of Defendant’s air conditioning refrigeration course when he was informed that “his name on his school record did not match his green card” (id. 4). Plaintiff alleged that as a result, Defendant suspended him from the school in 2013. Plaintiff further alleged that he obtained a new green card “on [sic] the year of 2015″ and returned to Defendant that same year, but that Defendant denied his request to resume his trade studies during a meeting in 2015. (Id.
6-7.) While in the Complaint, Plaintiff appeared to endeavor to interpose a breach of contract cause of action, the Complaint referenced neither a written nor oral contract between Plaintiff and Defendant nor a breach thereof (see id.
