LAZIDES v. KOUZOUNAS

ORDERED that the order is affirmed insofar as appealed from, with costs.

Contrary to the plaintiff's contention, the Supreme Court properly dismissed his cause of action for an accounting, related to his one-half interest in property formerly owned by the subject partnership, as time-barred pursuant to the applicable six-year statute of limitations ( see Partnership Law § 74; CPLR 213; Green v. Albert, 199 A.D.2d 465, 466).

In any event, the accounting cause of action was also barred by the rule prohibiting claim splitting. "The rule prohibiting claim splitting prohibits two actions on the same claim or parts thereof" ( Charles E.S. McLeod, Inc. v. Hamilton Moving Stor., 89 A.D.2d 863, 864). The plaintiff has a pending action seeking an accounting on the same facts and with respect to the same issues as those raised in this action.

The parties' remaining contention are without merit.

FLORIO, J.P., TOWNES, COZIER and MASTRO, JJ., concur.