Opinion
May 2, 1994
Appeal from the Supreme Court, Nassau County (Robbins, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly determined that the hearsay affidavits alleging breaches of restrictions contained in a 1985 amendment to the parties' 1975 separation agreement were insufficient to defeat the cross motion for summary judgment (see, Lopata v. Lopata, 196 A.D.2d 741). In addition, the allegations of pre-1985 breaches of the cohabitation provision of the 1975 separation agreement did not establish a cause of action sounding in fraud, and were therefore time-barred by the six-year Statute of Limitations governing breach of contract claims (see, CPLR 213, [8]; 3013, 3016 [b]; DH Cattle Holdings Co. v. Smith, 195 A.D.2d 202; Green v. Dolphy Constr. Co., 187 A.D.2d 635, 636; East 15360 Corp. v. Provident Loan Socy., 177 A.D.2d 280; Courageous Syndicate v. People-to-People Sports Comm., 141 A.D.2d 599; Kotick v. Desai, 123 A.D.2d 744; Spellman v. Columbia Manicure Mfg. Co., 111 A.D.2d 320). Mangano, P.J., Thompson, Joy and Friedmann, JJ., concur.