From Casetext: Smarter Legal Research

Novita v. Mexicano

Appellate Division of the Supreme Court of New York, First Department
Dec 12, 2006
35 A.D.3d 234 (N.Y. App. Div. 2006)

Summary

In Novita LLC v 307 W. Rest. Corp. (35 AD3d 234 [1st Dept 2006]), the First Department held that a shortened negligence statute of limitations does not apply to a claim seeking breach of contract damages on a claim for property damage, citing Matter of Paver Wildfoerster (Catholic High School Assn.) (38 NY2d 669, 676).

Summary of this case from Gross v. 420 East 72nd St.

Opinion

No. 9786.

December 12, 2006.

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered December 22, 2005, which denied defendants' motion to dismiss the complaint as barred by the three-year statute of limitations for negligence, unanimously affirmed, without costs.

Faust Goetz Schenker Blee, New York (Erika C. Aljens of counsel), for appellants.

Borah, Goldstein, Altschuler, Schwartz Nahins, P.C., New York (Jeffrey R. Metz of counsel), for respondent.

Before: Saxe, J.P., Sullivan, Williams, Sweeny and Malone, JJ.


Plaintiff landlord entered a lease agreement with defendants that obligated the tenants to maintain the premises in good repair. Plaintiff later decided to renovate, and defendants agreed to perform some of the renovations on their own. It later developed that during the renovations, defendants removed a load-bearing wall, causing damage. Three years and a day after learning from its architect about the structural defect, plaintiff commenced this action, alleging that under the terms of the lease, defendants were responsible for any damage to the building caused by their own poor workmanship or negligent conduct. The issue herein is whether this case is governed by the three-year statute of limitations for negligence or the six-year statute for breach of contract.

The Court of Appeals has refused to apply a shortened negligence statute of limitations to a claim seeking breach-of-contract damages on a claim for property damage ( see Matter of Paver Wildfoerster [Catholic High School Assn.], 38 NY2d 669, 676 ["if the claim . . . is substantially related to the subject matter of the substantive agreement . . . it will not be barred merely because it also would permit recovery in a tort action at law"]). The relationship between these parties had its genesis in contract, and the events giving rise to this action directly implicated the landlord-tenant relationship. Accordingly, the six-year statute of limitations was correctly applied ( see Baratta v Kozlowski, 94 AD2d 454, 463).


Summaries of

Novita v. Mexicano

Appellate Division of the Supreme Court of New York, First Department
Dec 12, 2006
35 A.D.3d 234 (N.Y. App. Div. 2006)

In Novita LLC v 307 W. Rest. Corp. (35 AD3d 234 [1st Dept 2006]), the First Department held that a shortened negligence statute of limitations does not apply to a claim seeking breach of contract damages on a claim for property damage, citing Matter of Paver Wildfoerster (Catholic High School Assn.) (38 NY2d 669, 676).

Summary of this case from Gross v. 420 East 72nd St.

In Novita LLC v 307 W. Rest. Corp. (35 AD3d 234 [1st Dept 2006]), the First Department held that a shortened negligence statute of limitations does not apply to a claim seeking breach-of-contract damages on a claim for property damage, citing Matter of Paver Wildfoerster [Catholic High School Assn.], 38 NY2d 669, 676).

Summary of this case from Gross v. 420 East 72nd Street Tenants Corp.
Case details for

Novita v. Mexicano

Case Details

Full title:NOVITA LLC, Respondent, v. 307 WEST RESTAURANT CORPORATION, Doing Business…

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

Date published: Dec 12, 2006

Citations

35 A.D.3d 234 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 9304
828 N.Y.S.2d 5

Citing Cases

Wikiert v. City of N.Y.

However, the Court of Appeals has disavowed the blanket application of the essence of the action rule beyond…

Whealon v. Gramercy Park Residence Corp.

The motion court correctly held that plaintiff's claims seeking to recover damages to his apartment were…