Garron v. Bristol House, Inc.
Supreme Court of the State of New York, Appellate Division, Second Department, June 20, 2018
Plaintiff is the owner of a residential cooperative apartment at defendant Bristol House, Inc. He alleges that renovations that occurred in Nov. 2004 in the unit directly below his caused cracks and other structural damage to the walls and floor of his unit, which persists and have not been remedied. Plaintiff commenced action on April 15, 2010 to recover damages for breach of contract and breach of implied warranty of habitability. Defendants moved to dismiss those causes of action as time barred and plaintiff opposed motion arguing that defendant had a continuing duty to remedy the damage (continuing wrong doctrine). Supreme Court granted defendants motion and plaintiff appeals. This Court modifies the order stating that the Supreme Court should have denied those branches of defendants’ motion with respect to damages incurred within six years of commencement of the action (the claims that accrued after April 15, 2010).