RADMIN v. BERTANI

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Supreme Court, Appellate Division, Second Department, New York.

Mack RADMIN, et al., appellants, v. John BERTANI, et al., respondents.

Decided: May 24, 1999

SONDRA MILLER, J.P., DAVID S. RITTER, WILLIAM C. THOMPSON and MYRIAM J. ALTMAN, JJ. Sanders & Solomon, Huntington Station, N.Y. (Michael Solomon of counsel), for appellants. Ahmuty, Demers & McManus, Albertson, N.Y. (William R. Ahmuty III, Frederick B. Simpson, and Brendan T. Fitzpatrick of counsel), for respondents.

In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal from a judgment of the Supreme Court, Suffolk County (Henry, J.), entered April 22, 1998, which upon the granting of the defendants' motion to dismiss the complaint as time-barred, dismissed the complaint.

ORDERED that the judgment is affirmed, with costs.

Under the six-year Statute of Limitations applicable to this case (see, Shirley v. Danziger, 252 A.D.2d 969, 676 N.Y.S.2d 369;  Coastal Broadway Assocs. v. Raphael, 246 A.D.2d 445, 668 N.Y.S.2d 586), the Supreme Court correctly determined that the plaintiffs' cause of action alleging defective construction accrued in 1986 upon the issuance of certificates of occupancy and the plaintiffs' possession of the subject house (see, City School Dist. of City of Newburgh v. Stubbins & Assocs., 85 N.Y.2d 535, 626 N.Y.S.2d 741, 650 N.E.2d 399;  State of New York v. Lundin, 60 N.Y.2d 987, 471 N.Y.S.2d 261, 459 N.E.2d 486;  Board of Managers of Yardarm Beach Condominium v. Vector Yardarm Corp., 172 A.D.2d 303, 568 N.Y.S.2d 391).   Therefore, the instant action was untimely.

The plaintiffs' remaining contentions are without merit (see, e.g., Cabrini Med. Ctr. v. Desina, 64 N.Y.2d 1059, 489 N.Y.S.2d 872, 479 N.E.2d 217).

MEMORANDUM BY THE COURT.

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