Legal Opinion
West Chelsea Building LLC v. Guttman
Appellate Division of the Supreme Court of the State of New York
Decided March 31, 2016No. 650968/14 16694PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Tom, J.
The issue raised on appeal is whether the three-year statue of limitations is tolled by defendants’ failure to given written notice to plaintiff pursuant to Administrative Code of the City of New York § 27-860 (c). We find that it is not and that plaintiff’s action is time-barred.
Plaintiff West Chelsea Building LLC is the owner of a 10-story building located at 526 West 26th Street in Manhattan. On the building’s roof is a chimney and ventilation system that services the building. Defendants Jack Guttman, Young Woo & Assoc., LLC, Bass Associates LLC, and Guttman…
2Cases cited6 opinions
- Motor Vehicle Accident Indemnification Corp. v. Aetna Casualty & Surety Co.New York Court of Appeals · 1996
- Gaidon v. Guardian Life Insurance of AmericaNew York Court of Appeals · 2001
- State v. LundinNew York Court of Appeals · 1983
- Bielecki v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
- New York City Campaign Finance Board v. OrtizAppellate Division of the Supreme Court of the State of New York · 2006
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3Cited by2 opinions
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- Barklee 94 LLC v. OliverAppellate Division of the Supreme Court of the State of New York · 2018