Germantown Central School District v. Clark, Clark, Millis & Gilson

OPINION OF THE COURT

Graffeo, J.

A school district commenced this professional malpractice action upon discovering asbestos in one of its buildings more than a decade after completion and certification of an asbestos abatement project. The question presented is whether the claim accrued at the time of the alleged malpractice or upon discovery that asbestos remained in the building. Because the nature of plaintiff’s property damage claim does not fall within the purview of CPLR 214-c, the toxic tort remedial statute of limitations, we conclude that CPLR 214 (6) is the appropriate statute of…