Breslin Realty Development Corp. v. Lituchy
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for architectural malpractice, the plaintiff appeals from an order of the Supreme Court, Nassau County (McCarty, J.), dated January 19, 1999, which granted the defendant’s motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
Pursuant to the unambiguous terms of the agreement between the plaintiff and the defendant, the applicable Statute of Limitations began to run upon “substantial completion” of the project. As the Supreme Court correctly found, substantial completion, as that term is defined in the agreement,…
2Cases cited1 opinion
- National Life Insurance v. Frank B. Hall & Co.New York Court of Appeals · 1986
3Cited by2 opinions
- Landow & Landow Architects, P. C. v. Shorefront Jewish Geriatric Center, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- DiSunno Architecture v. SheppardAppellate Division of the Supreme Court of the State of New York · 2005