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GERMANTOWN CENT. v. CLARK

100 N.Y.2d 202 (2003)

791 N.E.2d 398

761 N.Y.S.2d 141

GERMANTOWN CENTRAL SCHOOL DISTRICT, Appellant, v. CLARK, CLARK, MILLIS & GILSON, AIA, et al., Respondents.

Court of Appeals of the State of New York.

Decided June 5, 2003.

Attorney(s) appearing for the Case

Günter Dully, Albany, for appellant.

Harter, Secrest & Emery LLP, Rochester (James C. Moore and Peter G. Hentschke of counsel), for Clark, Clark, Millis & Gilson, AIA, and others, respondents.

Sternberg & Gorman LLP, Hoosick Falls (Edward J. Gorman of counsel), for Kevan R. Jones, respondent.

Jay Worona, Latham, and Kimberly A. Fanniff for New York State School Boards Association, Inc., amicus curiae.

Chief Judge KAYE and Judges SMITH, CIPARICK, ROSENBLATT and READ concur; Judge WESLEY taking no part.

OPINION OF THE COURT

GRAFFEO, J.

A school district commenced this professional malpractice action upon discovering asbestos in one of its buildings more than a decade after completion and certification of an asbestos abatement project. The question presented is whether the claim accrued at the time of the alleged malpractice or upon discovery that asbestos remained in the building. Because the nature of plaintiff's property damage claim does not fall within...

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