COUNTY OF NASSAU v. H. SAND & CO., INC.


144 A.D.2d 619 (1988)

County of Nassau, Appellant, v. H. Sand & Co., Inc., Respondent

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

November 28, 1988


Ordered that the order is affirmed, with costs.

The defendant constructed heating, ventilating and air-conditioning systems in the plaintiff's utilities plant. On December 4, 1979, the plaintiff commenced this breach of contract action against the defendant to recover damage for defective construction. Thereafter, the defendant moved for summary judgment dismissing the complaint as time barred.

A cause of action predicated upon defective construction accrues...

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