Bd. of Mngrs, 255 Hudson Condo v. Hudson St. Assocs.

NEW YORK COUNTY
Civil Practice

New York Law Journal

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Justice Manuel Mendez

The governing body of a condo association sought to recover damages caused by individuals responsible for the building's construction, including Handel Architects and structural engineer DeSimone Consulting. Handel and DeSimone moved for dismissal of the complaint. The court noted the statute of limitations on a claim against an architect, stated as a breach of the ordinary professional obligations, was three years regardless of whether asserted as a breach of contract or negligence. It also noted the board of managers' causes of action for economic loss based on negligent construction may be dismissed if it was an incidental beneficiary to agreements and there was no privity of contract. The court concluded Handel and DeSimone established a basis for dismissal based on the expiration of the three-year statute of limitations period before this action began. It found plaintiff did not show the claims asserted were more than a breach of the ordinary professional obligations or professional malpractice. The court stated there were no allegations of an independent legal duty claim as to Handel or DeSimone. Hence, Handel's and DeSimone's motion for dismissal of the complaint was granted.

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