Niagara University v. Trautman, King, Markwart Associates, P. C.

—Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court should have dismissed plaintiffs causes of action against Sicoli & Massaro, Inc. (defendant). The record establishes that plaintiff and defendant entered into a contract on September 26, 1982, to replace the roof of the Seton Hall building on plaintiff’s campus. That contract was substantially completed on January 10, 1983, and final payment was received on June 20, 1983. On May 31, 1991, plaintiff commenced this action alleging negligence and breach of contract. Because the…