Calamel v. Ridge View Realty Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously reversed, on the law, without costs, and defendants’ motion granted. Memorandum: In this action for damages Special Term erred in denying defendants’ motion to dismiss the complaint on the ground that plaintiffs’ claims are barred by the Statute of Limitations (CPLR 3211 [a] [5]). The facts are not in dispute. In October 1969 plaintiffs contracted with defendants for the construction and purchase of a new home. Title was closed and plaintiffs took possession in February 1970. A latent construction deficiency was discovered in 1982 and the within action alleging negligent…
2Cases cited7 opinions
- Brick v. Cohn-Hall-Marx Co.New York Court of Appeals · 1937
- State v. LundinNew York Court of Appeals · 1983
- Cabrini Medical Center v. DesinaNew York Court of Appeals · 1985
- De Roche v. DameAppellate Division of the Supreme Court of the State of New York · 1980
- Lewis v. AxinnAppellate Division of the Supreme Court of the State of New York · 1984
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3Cited by6 opinions
- Vista Co. v. Columbia Pictures Industries, Inc.District Court, S.D. New York · 1989
- Hobart E. Rosen, Norma Rosen, and Frances Lipman v. Ira Spanierman and Ira Spanierman GalleryCourt of Appeals for the Second Circuit · 1990
- Banque Arabe Et Internationale D'Investissement v. Bulk Oil (USA) Inc.District Court, S.D. New York · 1989
- Dunelawn Owners' Ass'n v. GendreauSupreme Judicial Court of Maine · 2000
- Coffey v. United States Gypsum Co.Appellate Division of the Supreme Court of the State of New York · 1989
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