Garron v. Bristol House, Inc., 2018 NY Slip Op 4533 (2018)

Citation: Garron v. Bristol House, Inc., 2018 NY Slip Op 4533 (2018)
Parent Document: Garron v. Bristol House, Inc., 2018 NY Slip Op 4533 (2018)
Jurisdiction: New York (state)
Effective Date: 2018-06-20
Original Source: https://www.courtlistener.com/opinion/4509254/garron-v-bristol-house-inc/ ↗

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The defendants moved, inter alia, to dismiss the causes of action sounding in breach of contract and breach of the implied warranty of habitability insofar as asserted against them as time-barred. The plaintiff opposed the motion, arguing that the defendants had a continuing duty to remedy the damage to the building, and that the causes of action were, therefore, tolled pursuant [*2]to the continuing wrong doctrine. The Supreme Court granted those branches of the defendants' motion, holding that the continuing wrong doctrine was not applicable. The plaintiff appeals, as limited by his brief, from so much of the order as granted those branches of the defendants' motion which were to dismiss, as time-barred, the causes of action sounding in breach of contract and breach of the implied warranty of habitability insofar as asserted against Bristol House, Inc.

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