Harbour Points Village Homeowners Ass'n v. Marrano/Marc Equity Joint Venture
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Order unanimously affirmed with costs. Memorandum: Supreme Court properly dismissed the first cause of action in plaintiff’s amended complaint. Plaintiff, the title owner of the common areas in a condominium project built and developed by defendant, seeks to recover damages for injury to its property allegedly caused by defendant’s negligent construction. Because that cause of action accrued, at the latest, upon the filing of the certificate of occupancy for the last unit (see, Board of Mgrs. v Vector Yardarm Corp., 109 AD2d 684, appeal dismissed 65 NY2d 998; see also, Armenia v Carini, 174…
2Cases cited4 opinions
- Sears, Roebuck & Co. v. Enco Associates, Inc.New York Court of Appeals · 1977
- Board of Managers of Yardarm Beach Condominium v. Vector Yardarm Corp.Appellate Division of the Supreme Court of the State of New York · 1985
- Farash Construction Corp. v. Stanndco Developers, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
- Armenia v. CariniAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by3 opinions
- Suffolk County Water Authority v. J.D. Posillico, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Royal Insurance Co. of America v. Ru-Val Electric Corp.District Court, E.D. New York · 1996
- Shurka v. ThurmanAppellate Division of the Supreme Court of the State of New York · 1999