MATTER OF ARBITRATION BETWEEN KLIMENT & McKINSEY & CO.


3 N.Y.3d 538 (2004)

821 N.E.2d 952

788 N.Y.S.2d 648

In the Matter of the Arbitration between R.M. KLIMENT & FRANCES HALSBAND, ARCHITECTS, Respondent, and McKINSEY & COMPANY, INC., Appellant.

Court of Appeals of the State of New York.

Decided December 16, 2004.


Attorney(s) appearing for the Case

Stroock & Stroock & Lavan LLP, New York City (Brian M. Cogan and Tom A. Hakemi of counsel), for appellant.

Ingram Yuzek Gainen Carroll & Bertolotti, LLP, New York City (Larry F. Gainen and Joan Walter of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.


OPINION OF THE COURT

CIPARICK, J.

In 1996, the Legislature amended CPLR 214 (6) to provide that the limitations period in nonmedical malpractice claims is three years, whether the complaint is cast in contract or in tort. In this case we are called upon to determine whether the breach of a provision in an architectural contract requiring that plans, drawings and specifications comply with applicable building codes is governed by the three-year statute of...

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