Barnard Col. v. Tishman Constr. Corp., N.Y

Full title: BARNARD COLLEGE, Appellant, v. TISHMAN CONSTRUCTION CORPORATION OF NEW…

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

Date published: May 13, 1999

261 A.D.2d 193 (N.Y. App. Div. 1999)

690 N.Y.S.2d 45

Opinion

May 13, 1999

Appeal from the Supreme Court, New York County (Leland DeGrasse, J.).

Plaintiff's claim for breach of its construction management contract with defendant accrued in September 1988 upon completion of the project, a dormitory, and was properly dismissed as barred by the six-year Statute of Limitations (see, Cabrini Med. Ctr. v. Desina, 64 N.Y.2d 1059). Giving plaintiff's allegations every favorable inference, we agree with the IAS Court that the work that defendant began to perform in 1992 to fix water leaks in the dormitory's bathrooms cannot serve to extend the accrual date of plaintiff's cause of action (see, supra). We also agree with the IAS Court that plaintiff fails to allege the essential terms of a new contract for such remedial work.

Concur — Ellerin, P. J., Tom, Lerner, Buckley and Friedman, JJ.