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RITE AID OF NEW YORK, INC. v. R.A. REAL ESTATE, INC.

40 A.D.3d 474 (2007)

837 N.Y.S.2d 48

RITE AID OF NEW YORK, INC., Plaintiff, v. R.A. REAL ESTATE, INC., Also Known as RED APPLE REAL ESTATE, INC., et al., Defendants. R.A. REAL ESTATE, INC., Also Known as RED APPLE REAL ESTATE, INC., et al., Third-Party Plaintiffs-Appellants, v. DHI ASSOCIATES, INC., Third-Party Defendant-Respondent. (And Other Actions.)

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

Decided May 24, 2007.

A cause of action predicated on defective construction accrues on the date of completion of the "actual physical work" (Cabrini Med. Ctr. v Desina, 64 N.Y.2d 1059, 1061 [1985]), even if the claimed defect is latent (Yeshiva Univ. v Fidelity & Deposit Co. of Md., 116 A.D.2d 49 [1986], lv denied 68 N.Y.2d 603 [1986]), and in this instance the landlord's third-party action against...

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