Kehagias v. Waldo Avenue Building

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about March 19, 2014, which denied defendants’ motion to dismiss as time-barred plaintiffs’ claims arising prior to August 18, 2007, unanimously reversed, on the law, without costs, and the motion granted.

Although plaintiffs’ causes of action — alleging that a defective catch basin located on defendants’ property caused flooding on their property — first accrued in 2006 when the damage became visible and apparent to plaintiff (see Public Serv. Mut. Ins. Co. v 341-347 Broadway, LLC, 96 AD3d 473, 473-474 [1st Dept 2012]),…