East Midtown Plaza Housing Co. v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order, Supreme Court, New York County (Walter Tolub, J.), entered on or about March 2,1994, which granted defendants Cauldwell’s and Kreisler’s motions to dismiss the complaint against them, unanimously affirmed, without costs.
The causes of action in this defective construction case grounded in breach of contract, breach of warranty and negligence are all time-barred since they were instituted more than six years after the completion of the construction (see, Cabrini Med. Ctr. v Desina, 64 NY2d 1059; City School Dist. v Stubbins & Assocs., 85 NY2d 535). While plaintiff attempts to invoke the…
2Cases cited6 opinions
- Cabrini Medical Center v. DesinaNew York Court of Appeals · 1985
- City School District v. Hugh Stubbins & Associates, Inc.New York Court of Appeals · 1995
- Mastropieri v. Solmar Construction Co.Appellate Division of the Supreme Court of the State of New York · 1990
- Okie v. Village of HamburgAppellate Division of the Supreme Court of the State of New York · 1994
- Bayridge Air Rights, Inc. v. Blitman Construction Corp.New York Court of Appeals · 1992
1 more not listed; retrieve them via the Exa API.
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- Fink v. Regent Hotel, Ltd.Appellate Division of the Supreme Court of the State of New York · 1996
- Gonik v. Israel Discount BankAppellate Division of the Supreme Court of the State of New York · 2011
- Garcia v. PetersonAppellate Division of the Supreme Court of the State of New York · 2006
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