City of Niagara Falls v. Rudolph
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously affirmed, with costs. Memorandum: We agree with Special Term that plaintiff’s claims based on the negligent performance of the heating, ventilating and air-conditioning contract are governed by the six-year Statute of Limitations (CPLR 213, subd 2) (see Sears, Roebuck & Co. v Enco Assoc., 43 NY2d 389) and accrued no later than the date of final payment, March 11, 1975. Since the action was not commenced until May of 1982, the contract cause of action is time barred. Any claims based on negligence and not arising out of the contract accrued at the time the alleged injuries…
2Cases cited6 opinions
- Sears, Roebuck & Co. v. Enco Associates, Inc.New York Court of Appeals · 1977
- Victorson v. Bock Laundry Machine Co.New York Court of Appeals · 1975
- Steinhardt v. Johns-Manville Corp.New York Court of Appeals · 1981
- Rosenberg v. Johns-Manville Sales Corp.Supreme Court of the United States · 1982
- Queensbury Union Free School District v. Jim Walter Corp.Appellate Division of the Supreme Court of the State of New York · 1981
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3Cited by6 opinions
- Long Island Lighting Co. v. General Electric Co.District Court, E.D. New York · 1989
- Johnson v. MarianettiAppellate Division of the Supreme Court of the State of New York · 1994
- Kirkland v. American Title InsuranceDistrict Court, E.D. New York · 1988
- Parker v. LeonardAppellate Division of the Supreme Court of the State of New York · 2005
- Niagara University v. Trautman, King, Markwart Associates, P. C.Appellate Division of the Supreme Court of the State of New York · 1994
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