CALAMEL v. RIDGE VIEW REALTY CORP.


115 A.D.2d 279 (1985)

Peter M. Calamel et al., Respondents, v. Ridge View Realty Corp. et al., Appellants

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

November 15, 1985


Order unanimously reversed, on the law, without costs, and defendants' motion granted.

Memorandum:

In this action for damages Special Term erred in denying defendants' motion to dismiss the complaint on the ground that plaintiffs' claims are barred by the Statute of Limitations (CPLR 3211 [a] [5]). The facts are not in dispute. In October 1969 plaintiffs contracted with defendants for the construction and purchase of a new home. Title was closed and plaintiffs...

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