Nardo v. Guido DeAscanis & Sons, Inc.

OPINION

MESSICK, Judge.

This is the decision on defendant’s motion for summary judgment. The undisputed facts are these:

In 1956 the parties entered into a written contract for the construction of a combination business and residential property. Construction was completed in July, 1957. Sometime in 1959 plaintiffs first noticed that a basement wall became damp after rainfall. They did not suspect at that time that the cause might be a defect in the building’s superstructure. In fact they did not know the actual cause and had the wall waterproofed as a remedial measure. It was then that a sagging…