Condominium’s Claims Against Sponsor Dismissed as Untimely
A Condominium Board of Managers sued the Sponsor, the corporate members of the Sponsor, and their shareholders, based on alleged construction defects in the Condominium’s building. Defendants moved to dismiss the complaint under the statute of limitations. The court reaffirmed that “a claim for damages arising from defective construction accrues on the date of completion of the work.” Here, the certificate of occupancy was issued in 2007, reflecting that the construction work had been completed. The lawsuit was filed more than eight years later, after all the applicable statutes of limitations had expired. Although the Board asserted that defendants should be estopped from invoking the statute of limitations, the court found no evidence of misconduct or misrepresentation by defendants that would have prevented the Board from filing a timely lawsuit. Board of Directors of 23-23 Condominium v. 210th Place Realty, LLC, 2020 N.Y. App. Div. LEXIS 4237, 2020 NY Slip Op 04143 (2d Dep’t July 22, 2020).