Legal Opinion

Phillips Construction Co. v. City of New York

New York Court of Appeals

Decided February 14, 1984PublishedCited by 42 opinions

1Opinion of the Court

*950OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, plaintiff’s motion to strike the tenth defense (Statute of Limitations), denied, and defendant’s motion to dismiss the action as time barred under the six-year Statute of Limitations (CPLR 213, subd 2), granted.

This action arises out of the construction of an ice skating rink at Clove Lake Park, Staten Island, New York. The provisions of article 531 of the construction contract prescribed a supplemental period of limitation for assertions of claims against the city. Nothing in the record…

2Cases cited2 opinions

  1. John J. Kassner & Co. v. City of New YorkNew York Court of Appeals · 1979
  2. State v. LundinNew York Court of Appeals · 1983

3Cited by42 opinions

  1. Cabrini Medical Center v. DesinaNew York Court of Appeals · 1985
  2. Mastropieri v. Solmar Construction Co.Appellate Division of the Supreme Court of the State of New York · 1990
  3. Island ADC, Inc. v. Baldassano Architectural GroupAppellate Division of the Supreme Court of the State of New York · 2008
  4. GENESEE/WYOMING YMCA v. BOVIS LEND LEASE LMB, INC.Appellate Division of the Supreme Court of the State of New York · 2012
  5. New York Central Mutual Fire Insurance v. Glider Oil Co.Appellate Division of the Supreme Court of the State of New York · 2011

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