New York Court of Appeals

State of New York, Appellant v. Earl H. Lundin, Defendants, and William B. Heller, Respondents; Penn…

December 1, 198360 N.Y.2d 987

Summary

The Court of Appeals affirmed the Appellate Division, holding that the cause of action for defective construction accrued upon actual physical completion of the work, which occurred before July 31, 1973, rendering the State's claim time‑barred. Judge Jasen dissented, arguing that sufficient evidence created a genuine issue of fact as to the completion date.