Legal Opinion

State v. Lundin

New York Court of Appeals

Decided December 1, 1983PublishedCited by 64 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

In a suit by a construction project owner against a general contractor and architect for defective construction and design, the cause of action generally accrues upon the completion of construction, meaning completion of the actual physical work. Application of that well-established principle cannot be avoided in this case by the two arguments advanced by appellant, the owner.

First, for Statute of Limitations purposes the date of the final certificate is not controlling. In the contract before…

2Cases cited2 opinions

  1. Board of Education of Tri-Valley Central School District at Grahamsville v. Celotex Corp.Appellate Division of the Supreme Court of the State of New York · 1982
  2. BD. OF EDUC. OF TRI-VALLEY CENT. SCH. DIST. AT GRAHAMSVILLE v. Celotex Corp.New York Court of Appeals · 1982

3Cited by64 opinions

  1. Cabrini Medical Center v. DesinaNew York Court of Appeals · 1985
  2. City School District v. Hugh Stubbins & Associates, Inc.New York Court of Appeals · 1995
  3. Phillips Construction Co. v. City of New YorkNew York Court of Appeals · 1984
  4. Mastropieri v. Solmar Construction Co.Appellate Division of the Supreme Court of the State of New York · 1990
  5. Town of Poughkeepsie v. EspieAppellate Division of the Supreme Court of the State of New York · 2007

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