Opinion
July 14, 1992
Appeal from the Supreme Court, Erie County, Flaherty, J.
Present — Callahan, J.P., Boomer, Green, Fallon and Davis, JJ.
Order unanimously affirmed with costs. Memorandum: Supreme Court properly dismissed the first cause of action in plaintiff's amended complaint. Plaintiff, the title owner of the common areas in a condominium project built and developed by defendant, seeks to recover damages for injury to its property allegedly caused by defendant's negligent construction. Because that cause of action accrued, at the latest, upon the filing of the certificate of occupancy for the last unit (see, Board of Mgrs. v. Vector Yardarm Corp., 109 A.D.2d 684, appeal dismissed 65 N.Y.2d 998; see also, Armenia v. Carini, 174 A.D.2d 1040, lv denied 78 N.Y.2d 860; Farash Constr. Corp. v. Stanndco Developers, 139 A.D.2d 899, 900, lv dismissed 73 N.Y.2d 918), the commencement of that action in August of 1988, over three years beyond the date of completion of construction, was untimely (CPLR 214). In the absence of a contractual relationship between the parties relative to the construction and design of the exterior decks, plaintiff is not entitled to assert a six-year limitations period (see, Board of Mgrs. v. Vector Yardarm Corp., supra; cf., Sears, Roebuck Co. v Enco Assocs., 43 N.Y.2d 389). We have considered plaintiff's remaining arguments and find them to be without merit.