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CITY OF NEW YORK v. GEORGE G. SHARP, INC.

10533. 400227/11.

178 A.D.3d 490 (2019)

111 N.Y.S.3d 538

2019 NY Slip Op 08809

City of New York, Respondent, v. George G. Sharp, Inc., Appellant.

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

Decided December 10, 2019.

Attorney(s) appearing for the Case

Rubin, Fiorella & Friedman LLP, New York ( James E. Mercante of counsel), for appellant.

Zachary W. Carter , Corporation Counsel, New York ( Scott Shorr of counsel), for respondent.

Concur—Friedman, J.P., Kapnick, Kern, Oing, JJ.

Defendant failed to meet its prima facie burden of establishing that plaintiff City of New York's time in which to sue has expired (see Benn v Benn, 82 A.D.3d 548 [1st Dept 2011]). "A cause of action to recover damages against an architect for professional malpractice is governed by a three-year statute of limitations, which accrues upon termination of the professional relationship—that is, when it completes its performance...

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