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In the Matter of COUNTY OF ROCKLAND et al., Appellants, v. EUGENE W. HOMICKI, Respondent.

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

We agree with the Supreme Court that the respondent's claims under a collective bargaining agreement to recover salary which arose less than six years prior to the commencement of his grievance are not barred by the Statute of Limitations ( see, CPLR 213). Since the respondent's claim alleges a breach of a collective bargaining agreement (an action at law), the equitable defense of laches cannot be asserted by the appellants ( see, Gonzalez v. Chalpin, 159 A.D.2d 553, 555; Propoco, Inc. v Birnbaum, 157 A.D.2d 774, 776; Brown v. Lockwood, 76 A.D.2d 721). Rosenblatt, J.P., Sullivan, Copertino, Santucci and Goldstein, JJ., concur.

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MATTER OF COUNTY OF ROCKLAND v. HOMICKI
(May 13, 1996)