NEEDED TO FILE DISPUTE WITHIN THREE YEARS
When a professional malpractice case was brought against a construction company -- and damages were sought due to the existence of a mold condition in the attic of the plaintiffs’ home -- the Nassau County Supreme Court ended up dismissing the case because it had not been timely filed.
On appeal, the Appellate Division, Second Department, agreed that a party has only three years to bring such a claim in New York State. Apparently, the plaintiffs’ opposition papers failed to competently rebut the existence of a time-bar, as they were not in “admissible” or proper form. (An “affirmation,” rather than a “affidavit,” was submitted in opposition, and that was deemed to be “insufficient.”)
I do declare.
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DECISION