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Sosnow v. Paul

330 N.E.2d 643, 36 N.Y.2d 780, 369 N.Y.S.2d 693, 1975 N.Y. LEXIS 1827
CourtNew York Court of Appeals
DecidedApril 1, 1975
StatusPublished
Cited by44 cases

This text of 330 N.E.2d 643 (Sosnow v. Paul) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sosnow v. Paul, 330 N.E.2d 643, 36 N.Y.2d 780, 369 N.Y.S.2d 693, 1975 N.Y. LEXIS 1827 (N.Y. 1975).

Opinion

Memorandum. Order of the Appellate Division affirmed, with costs, on the majority memorandum at the Appellate Division, with the following additional comment: While, if they were correct, the dissenters at the Appellate Division were properly repelled by the idea that a Statute of Limitations should preclude a cause of action before it ever accrued, that was not the case here. Upon completion of the buildings a cause of action accrued for the harm done, namely, the cost of correction of the defects in the buildings constructed, or, if the defects were not remediable, the difference in value between properly constructed buildings and those that were in fact built (Bellizzi v Huntley Estates, 3 NY2d 112, 115-116; 1 Restatement, Contracts, § 346, subd [1], par [a]; 11 Williston, Contracts [3d ed], § 1363, pp 344-346).

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Fuchsberg and Cooke concur in memorandum; Judge Wachtler taking no part.

Order affirmed.

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Bluebook (online)
330 N.E.2d 643, 36 N.Y.2d 780, 369 N.Y.S.2d 693, 1975 N.Y. LEXIS 1827, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sosnow-v-paul-ny-1975.