Legal Opinion · Dissent
Steiner v. Wenning
Appellate Division of the Supreme Court of the State of New York
Decided July 12, 1976Published
1Dissent
Shapiro, J. (dissenting).
The majority takes the flat-footed position that any action by an owner for damages to its *445buildings caused by an architect’s improper performance of his contractual obligation relating to supervision of construction is governed by the three-year malpractice Statute of Limitations (CPLR 214, subd 6) to the exclusion of the six-year Statute of Limitations relating to breach of contract (CPLR 213, subd 2). In doing so, the majority relies upon Sosnow v Paul (43 AD2d 978, affd 36 NY2d 780) and distinguishes the contrary determination reached in Matter of Paver &…
2Cases cited30 opinions
- Schloendorff v. Society of the New York HospitalNew York Court of Appeals · 1914
- Schmidt v. Merchants Despatch Transportation Co.New York Court of Appeals · 1936
- Brick v. Cohn-Hall-Marx Co.New York Court of Appeals · 1937
- In re the Arbitration between Paver & Wildfoerster & Catholic High School Ass'nNew York Court of Appeals · 1976
- Blessington v. McCrory Stores Corp.New York Court of Appeals · 1953
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