Naetzker v. Brocton Central School District
Cases that cite this one
10 later published cases cite this decision.
- Schoenrock v. Tappe (S.D. 1988)
- School Bd. of Seminole County v. GAF Corp. (Fla. Dist. Ct. App. 1982)
- Tool v. Boutelle (New York Supreme Court 1977)
- Levy v. Schnader (Appellate Division of the Supreme Court of New York 1983)
- Muller v. Sturman (Appellate Division of the Supreme Court of New York 1981)
- Baker's Service v. Robinson (Appellate Division of the Supreme Court of New York 1981)
- Bennin v. Ramapo General Hospital (Appellate Division of the Supreme Court of New York 1979)
- Hotel Utica, Inc. v. Ronald G. Armstrong Engineering Co. (Appellate Division of the Supreme Court of New York 1978)
- Cubito v. Kreisberg (New York Supreme Court 1978)
- Queensbury Union Free School District v. Jim Walter Corp. (New York Supreme Court 1977)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Memorandum. The order of the Appellate Division should be reversed, with costs, and petitioner’s application for a stay of arbitration denied. The owner’s claim against the architects, which is cognizable in law either in contract or in tort, was interposed within the six-year Statute of Limitations applicable to contract actions. (CPLR 7502, subd [b]; Matter of Paver & Wildfoerster [Catholic High School Assn.], 38 NY2d 669.) The facts in the present case are "remarkably like those” in Paver & Wildfoerster itself (38 NY2d, at p 676) and the rule articulated in that case is fully applicable to this one. Since the claim was timely asserted, it was error to stay arbitration.
Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur in memorandum.
Order reversed, etc.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.