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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Kent v. 534 East 11th Street, 80 A.D.3d 106 (2010)

Citation
Kent v. 534 East 11th Street, 80 A.D.3d 106 (2010)
Parent Document
Kent v. 534 East 11th Street, 80 A.D.3d 106 (2010)
Jurisdiction
New York (state)
Effective Date
2010-10-28

Other Sections in This Document (44)

Full Text

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For the reasons set forth below, we reverse, and grant summary judgment in favor of the defendants, dismissing the complaint. As a threshold matter, the plaintiffs causes of action in constructive eviction, negligence and damage to property must be dismissed as statutorily time-barred. It is well settled that a cause of action for constructive eviction is governed by a one-year statute of limitations. (CPLR 215; Jones v City of New York, 161 AD2d 518, 518-519 [1st Dept 1990]; Yokley v Henry-Clark Assoc., 170 Misc 2d 779, 781 [App Term, 2d Dept 1996] [finding a claim based on constructive eviction is actually one for wrongful eviction and is subject to the one-year statute of limitations].)