MUDGE, ROSE, GUTHRIE, ALEXANDER & FERDON v. PENGUIN AIR CONDITIONING CORP.


221 A.D.2d 243 (1995)

633 N.Y.S.2d 493

Mudge, Rose, Guthrie, Alexander & Ferdon, Appellant-Respondent, v. Penguin Air Conditioning Corp., Respondent-Appellant. (And a Third-Party Action.)

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

November 21, 1995


The IAS Court properly concluded that plaintiff's action is time-barred since it was commenced more than six years after the alleged improper installation of an air conditioning system and related piping (Cabrini Med. Ctr. v Desina, 64 N.Y.2d 1059, 1061). That defendant returned to the premises to perform repair work and inspections is not a basis for extending the Statute of Limitations as the complaint is limited to claims of negligent...

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