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CITY OF NIAGARA FALLS v. RUDOLPH

97 A.D.2d 971 (1983)

City of Niagara Falls, Appellant, v. Paul M. Rudolph et al., Defendants, and T. A. Buscaglia Company, Inc., Respondent. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 4, 1983

Order unanimously affirmed, with costs.

Memorandum:

We agree with Special Term that plaintiff's claims based on the negligent performance of the heating, ventilating and air-conditioning contract are governed by the six-year Statute of Limitations (CPLR 213, subd 2) (see Sears, Roebuck & Co. v Enco Assoc., 43 N.Y.2d 389) and accrued no later than the date of final payment, March 11, 1975. Since the action was...

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