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GOSHEN DEVELOPMENT v. HUDSON VALLEY ENG

Appellate Division of the Supreme Court of New York, Second Department
Jan 31, 2001
279 A.D.2d 608 (N.Y. App. Div. 2001)

Opinion

January 31, 2001.

In an action, inter alia, to recover damages for engineering malpractice, the plaintiff appeals from an order of the Supreme Court, Orange County (Peter C. Patsalos, J.), dated October 28, 1999 which, inter alia, granted the defendants' motion to dismiss the complaint on the ground that the action was barred by the Statute of Limitations.

Donald J. Lambiase, Warwick, N.Y. (Warshaw Burstein Cohen Schlesinger Kuh, LLP. [Martin R. Lee, Allen N. Ross, and Lawrence J. Profeta] of counsel), for appellant.

Greenwald Law Offices, Chester, N.Y. (Gardiner S. Barone of counsel), for respondents.

Before: GLORIA GOLDSTEIN, LEO F. McGINITY, DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

Contrary to the appellant's contention, the appellant`s causes of action accrued when the Planning Board of the Town of Goshen (hereinafter the Town) issued conditional preliminary approval for a subdivision on December 21, 1989. The Supreme Court properly granted the defendants' motion to dismiss the complaint on the ground that it was barred by the six-year Statute of Limitations as the instant action was commenced on June 18, 1996 (see, Sears Roebuck Co. v. Enco Assocs., 43 N.Y.2d 389). Under the circumstances of this case, the "continuous representation" doctrine does not apply. The critical date herein is December 21, 1989, the date on which the Town issued the conditional preliminary approval for a six-lot subdivision. Engineering services rendered by the defendants thereafter would not have increased the number of lots permitted in the subdivision (cf., Sosnow v. Paul, 36 N.Y.2d 780).


Summaries of

GOSHEN DEVELOPMENT v. HUDSON VALLEY ENG

Appellate Division of the Supreme Court of New York, Second Department
Jan 31, 2001
279 A.D.2d 608 (N.Y. App. Div. 2001)
Case details for

GOSHEN DEVELOPMENT v. HUDSON VALLEY ENG

Case Details

Full title:GOSHEN DEVELOPMENT CORP., ETC., appellant, v. HUDSON VALLEY ENGINEERING…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 31, 2001

Citations

279 A.D.2d 608 (N.Y. App. Div. 2001)
719 N.Y.S.2d 703