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Nasca v. Jon-Lar Homes, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 25, 1997
238 A.D.2d 930 (N.Y. App. Div. 1997)

Opinion

April 25, 1997

Present — Green, J.P., Lawton, Doerr, Balio and Fallon, JJ.


Order unanimously reversed on the law without costs and judgment reinstated. Memorandum: Town Court of the Town of Ogden dismissed plaintiffs' action as time-barred and, upon plaintiffs' appeal, County Court reversed the judgment, reinstated the action and remitted the matter to Town Court for further proceedings. We reverse. Plaintiffs seek damages for water exposure to wooden beams in their home resulting from the faulty installation of a sliding glass door at the time the home was constructed. Because plaintiffs failed to commence this action within six years of taking title to the property, the action is time-barred and was properly dismissed by Town Court ( see, CPLR 213; Calamel v Ridge View Realty Corp., 115 A.D.2d 279, appeal dismissed 67 N.Y.2d 799). Plaintiffs' reliance on Sommer v. Federal Signal Corp. ( 79 N.Y.2d 540) is misplaced; plaintiffs have not alleged the breach of a legal duty independent of the contract. In light of our determination, we do not address the issue whether water is a substance within the meaning of CPLR 214-c. (Appeal from Order of Monroe County Court, Marks, J. — Dismiss Action.)


Summaries of

Nasca v. Jon-Lar Homes, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 25, 1997
238 A.D.2d 930 (N.Y. App. Div. 1997)
Case details for

Nasca v. Jon-Lar Homes, Inc.

Case Details

Full title:BARRY NASCA et al., Respondents, v. JON-LAR HOMES, INC., Appellant

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

Date published: Apr 25, 1997

Citations

238 A.D.2d 930 (N.Y. App. Div. 1997)
661 N.Y.S.2d 156