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860 FIFTH AVENUE CORPORATION v. SUPERSTRUCTURES-ENGINEERS & ARCHITECTS

15 A.D.3d 213 (2005)

790 N.Y.S.2d 12

860 FIFTH AVENUE CORPORATION, Appellant, v. SUPERSTRUCTURES-ENGINEERS & ARCHITECTS, Respondent, et al., Defendants.

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

February 8, 2005.

In opposing Superstructures' prima facie showing that the three-year limitations period in this action (CPLR 214 [6]) had expired, plaintiff had the burden of demonstrating that the continuous representation doctrine applied, or at least that there was an issue of fact with respect thereto (see CLP Leasing Co., LP v Nessen, 12 A.D.3d 226 [2004]). The newly discovered letters addressing...

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