N. R. S. Construction Corp. v. Board of Education
Opinion of the Court
— Appeal by defendant Board of Education, Central School District, No. 2, Towns of Yorktown, New Castle and Cortlandt from an order of the Supreme Court, Westchester County (Slifkin, J.), dated November 23, 1979, which granted the motion of the additional defendant Emilio John Di Rienzo for summary judgment dismissing its third counterclaim insofar as asserted against him. Order reversed, with $50 costs and disbursements, and motion denied. The counterclaim in question asserts a cause of action to recover against an architect for breach of contract or for professional malpractice. Under either theory the board’s claim accrued on the date of completion of the project which was the subject of the architectural contract between the parties and the consequent termination of their professional relationship thereunder (Sosnow v Paul, 36 NY2d 780). In Sears, Roebuck & Co. v Eneo Assoc. (43 NY2d 389, 395) it was held that “claims by owners against architects arising out of the performance or nonperformance of obligations under contracts between them are governed by the six-year contract Statute of Limitations (CPLR 213, subd 2), except with respect to the issue of damages” (see, also,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.