GREAT JONES STUDIOS INC. v. WELLS

Index No. 653104/15. Appeal No. 12933-12934. Case No. 2019-5322.

190 A.D.3d 587 (2021)

136 N.Y.S.3d 719

2021 NY Slip Op 00370

Great Jones Studios Inc., Respondent, v. Herbert Wells et al., Appellants.

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

Decided January 21, 2021.


Attorney(s) appearing for the Case

Jaffe & McKenna, New York ( Bernard J. Jaffe of counsel), for appellants.

Tarter Krinsky & Drogin LLP, New York ( Christopher M. Tumulty of counsel), for respondent.

Concur—Renwick, J.P., Manzanet-Daniels, Kapnick, Kern, Kennedy, JJ.


This action arises from defendants' alterations of the roof adjoining their cooperative unit, which resulted in substantial damage to the roof and building. In concluding that plaintiff's breach of contract claim was not barred by the statute of limitations, the motion court properly applied the continuing wrong doctrine. Contrary to defendants' contention, the relevant duty breached by them was the requirement in the proprietary lease to comply with all laws and ordinances...

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