Opinion
May 24, 1999
Supreme Court, Suffolk County (Henry, J.).
Ordered that the judgment is affirmed, with costs.
Under the six-year Statute of Limitations applicable to this case ( see, Shirley v. Danziger, 252 A.D.2d 969; Coastal Broadway Assocs. v. Raphael, 246 A.D.2d 445), the Supreme Court correctly determined that the plaintiffs' cause of action alleging defective construction accrued in 1986 upon the issuance of certificates of occupancy and the plaintiffs' possession of the subject house ( see, City School Dist. v. Stubbins Assocs., 85 N.Y.2d 535; State of New York v. Lundin, 60 N.Y.2d 987; Board of Mgrs. v. Vector Yardarm Corp., 172 A.D.2d 303). Therefore, the instant action was untimely.
The plaintiffs' remaining contentions are without merit ( see, e.g., Cabrini Med. Ctr. v. Desina, 64 N.Y.2d 1059).
S. Miller, J. P., Ritter, Thompson and Altman, JJ., concur.