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OMEGA DIAGNOSTIC IMAGING PC v. ATTICA CONSTR. CORP.

Index. No. 154562/19. Appeal No. 12955-12955A. Case No. 2020-02371.

190 A.D.3d 617 (2021)

2021 NY Slip Op 00391

Omega Diagnostic Imaging PC et al., Appellants, v. Attica Construction Corp. et al., Respondents, et al., Defendant.

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

Decided January 26, 2021.

Attorney(s) appearing for the Case

Aboulafia Law Firm, LLC, White Plains ( Jack Glanzberg of counsel), for appellants.

Traub Liberman Straus & Shrewsberry LLP, Hawthorne ( Cheryl P. Vollweiler of counsel), for ATTICA Construction Corp., respondent.

Littleton Park Joyce Ughetta & Kelly LLP, Purchase ( Robert L. Joyce of counsel), for Siemens Medical Solutions USA, Inc., respondent.

Concur—Gische, J.P., Kern, Moulton, Shulman, JJ.

The motion court properly dismissed the complaint as untimely. "[A] cause of action arising out of defective construction accrues upon completion of the contractual work" (Town of Oyster Bay v Lizza Indus., Inc., 22 N.Y.3d 1024, 1029 [2013]). This is so "no matter how a claim is characterized in the complaint because all liability for defective construction has its genesis in the contractual...

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