SOSNOW v. PAUL, 36 N.Y.2d 780 (1975)

369 N.Y.S.2d 693, 330 N.E.2d 643

MORRIS SOSNOW et al., Appellants, v. SAMUEL PAUL et al., Respondents.

Court of Appeals of the State of New York.Argued February 21, 1975
Decided April 1, 1975

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department,

Page 781

ALEXANDER BERMAN, J.

Page 782

Irwin M. Taylor, Stuart Newmark and Alan L. Stein for appellants.

William H. Morris and Gerald P. McMorrow for respondents.

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 N.Y.2d 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.