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

Summary

The Court affirmed the Appellate Division, holding that the statute of limitations for a claim of defective construction begins when the physical work is completed, not when the owner issues a final certificate of acceptance. The Court rejected the appellant's arguments that the owner‑controlled certificate or post‑completion price negotiations extended the completion date. Justice Jasen dissented, arguing that genuine factual issues existed regarding the actual completion date and that summary judgment was improper.