BRADY v. RUDIN MANAGEMENT CO., INC., 11 N.Y.2d 681 (1962)

225 N.Y.S.2d 757, 180 N.E.2d 910

LEONA H. BRADY, Respondent, v. RUDIN MANAGEMENT CO., INC., et al., Defendants, and 65 CENTRAL PARK WEST CORPORATION, Appellant.

Court of Appeals of the State of New York.Argued January 11, 1962
Decided January 25, 1962

Page 682

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, LOUIS J. CAPOZZOLI, J.

Page 683

Patrick E. Gibbons for appellant.

Martin M. Kolbrener and Morris H. Bergreen for respondent.

Order reversed, with costs, and the question certified answered in the negative upon the ground that, under the allegations of the complaint, the three-year Statute of Limitations applies because the defendant’s duty to repair existed at common law and the liability is not one created by statute. (Cf. Lorberblatt
v. Gerst, 10 N.Y.2d 244; Rogers v. Frooks, 10 N.Y.2d 911 De Clara v. Barber S.S. Lines, 309 N.Y. 620.) No opinion.

Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.

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