Appeal from a decision of the Civil Court of the City of New York, Queens County (Diccia T. Pineda-Kirwan, J.), dated March 15, 2007, deemed from the judgment of the same court entered April 25, 2007 (CPLR 5520 [c]). The judgment, after a nonjury trial, dismissed the complaint.

Judgment affirmed without costs.

Plaintiff commenced this action to recover $8,800 that he claims he loaned defendant, his niece, when she was in financial need. Defendant does not dispute that plaintiff gave her money, but maintains that it was a gift. As the most recent transaction being sued upon occurred on April 22, 1999, more than six years before plaintiff commenced the instant action on March 17, 2006, the action is barred by the six-year statute of limitations (CPLR 213; see also CPLR 206 [a]; Galietta v Galietta, 15 AD2d 603 [1961]; 2B Carmody-Wait 2d § 13:230; 75 NY Jur 2d, Limitations and Laches § 64).
In any event, upon a review of the trial transcript, we find that plaintiff did not communicate to defendant that he expected to be paid back. Accordingly, the judgment in defendant's favor dismissing the complaint is affirmed.

Pesce, P.J., Rios and Steinhardt, JJ., concur.
Decision Date: July 30, 2008