New York Court of Appeals

Sears, Roebuck & Co., Appellant v. Enco Associates, Inc., Respondent

December 21, 197743 N.Y.2d 389

Summary

The New York Court of Appeals held that owners' claims against architects arise from the contractual relationship and are governed by the six‑year contract Statute of Limitations, but tort damages are barred by the three‑year limitation, and therefore denied the motion to dismiss on the first and third causes of action while affirming the dismissal of the implied‑warranty claim.