NAETZKER v. BROCTON CENT. SCH. DIST.


41 N.Y.2d 929 (1977)

Julian Naetzker et al., Respondents, v. Brocton Central School District, Appellant.

Court of Appeals of the State of New York.

Decided March 24, 1977.


Attorney(s) appearing for the Case

Stephen Teret for appellant.

C. De Forest Cummings, Jr., for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and petitioner's application for a stay of arbitration denied. The owner's claim against the architects, which is cognizable in law either in contract or in tort, was interposed within the six-year Statute of Limitations applicable to contract actions. (CPLR 7502, subd [b]; Matter of Paver & Wildfoerster [Catholic High School Assn.]

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