Town of Oyster Bay v. Lizza Industries, Inc.

These are tort actions—specifically, lawsuits based on damage to plaintiffs’ property by allegedly negligent construction—and are barred by the statute of limitations applicable to such cases, for the reasons explained in the last two paragraphs of the majority’s memorandum. The rest of the memorandum, which treats these cases as arising out of construction contracts and governed by the rule of City School Dist. of City of Newburgh v Stubbins & Assoc. (85 NY2d 535 [1995]), is a misapplication of the Newburgh rule.

Newburgh was an action by an owner against a builder for the defective…