STATE v. LUNDIN


60 N.Y.2d 987 (1983)

State of New York, Appellant, v. Earl H. Lundin et al., Defendants, and William B. Heller et al., Respondents. Penn York Construction Corp., as Successor to Foster-Lipkins Corp., et al., Third-Party Plaintiffs-Respondents, v. Peter Bratti Associates, Inc., et al., Third-Party Defendants-Respondents.

Court of Appeals of the State of New York.

Decided December 1, 1983.


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Richard J. Dorsey and Peter H. Schiff of counsel), for appellant.

Nancy Kilson and Edward N. Costikyan for William B. Heller, respondent.

James L. Fischer for Robert L. Thorson and another, respondents.

Frederick Cohen and Andrea Popik Taber for Penn York Construction Corp. and others, defendants and third-party plaintiffs-respondents.

Denis B. Frind for Peter Bratti Associates, Inc., third-party defendant-respondent.

Donald P. Ford, Jr., for S. R. Beltrone, Inc., third-party defendant-respondent.

Michael S. Torre and Lester M. A. Gulitz for Georgia Marble Company, third-party defendant-respondent.

Alvin Goldstein for George A. Fuller Company, third-party defendant-respondent.

Chief Judge COOKE and Judges JONES, WACHTLER, MEYER, SIMONS and KAYE concur; Judge JASEN dissents and votes to reverse in an opinion.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

In a suit by a construction project owner against a general contractor and architect for defective construction and design, the cause of action generally accrues upon the completion of construction, meaning completion of the actual physical work. Application of that well-established principle cannot be avoided in this case by the two arguments...

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