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NOLAN v. PARAMOUNT HOMES, INC.

No. COA98-1352.

518 S.E.2d 789 (1999)

Barbara B. NOLAN, Individually and as Trustee of Barbara B. Nolan Trust, Plaintiff, v. PARAMOUNT HOMES, INC., Defendant and Third-Party Plaintiff, v. Sto Corporation; Ladd Exterior Wall Systems, Inc.; Carolina Builders Corporation; and Cedar Roofs of Raleigh, Inc., Third-Party Defendants.

Court of Appeals of North Carolina.

September 21, 1999.

Attorney(s) appearing for the Case

Spears, Barnes, Baker, Wainio & Whaley, L.L.P., by Jessica S. Cook and Alexander H. Barnes, Durham, for plaintiff-appellants.

Brown, Todd & Heyburn, P.L.L.C., by Julie M. Goodman, Lexington, KY, for defendant and third party plaintiff-appellee.

Smith, Helms, Mulliss & Moore, L.L.P., by Gary R. Govert, Raleigh, for defendant and third party plaintiff-appellee.

No brief filed for third party defendant-appellee Sto Corporation.

No brief filed for third party defendant-appellee Ladd Exterior Wall Systems, Inc.

No brief filed for third party defendant-appellee Carolina Builders Corporation.

No brief filed for third party defendant-appellee Cedar Roofs of Raleigh Inc.

EAGLES, Chief Judge.

This appeal considers the question of what event triggers the running of the real property improvements statute of repose N.C.G.S. § 1-50(a)(5)(a) (Supp.1998).

This lawsuit arises out of defendant Paramount Homes Inc.'s construction and sale of a house to plaintiff Barbara B. Nolan. Defendant is in the business of building and selling houses. In the spring of 1991, defendant built a house at 3411 Fairway Lane in Durham, North Carolina...

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