Alyssa Originals, Inc. v. Finkelstein
| Citation | 302 N.Y.S.2d 599,24 N.Y.2d 976 |
| Parties | , 250 N.E.2d 82 ALYSSA ORIGINALS, INC., Appellant, v. Isidore FINKELSTEIN et al., Respondents (and another action). |
| Decision Date | 15 May 1969 |
| Court | New York Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 22 A.D.2d 701, 254 N.Y.S.2d 21. Max J. Gwertzman, New York City, for plaintiff-appellant.
Nathan Dechter, New York City (William Steingesser, Brooklyn, of counsel), for defendants-respondents.
Tenant brought action against landlords to recover damages for injury to personalty by rain water. The essence of the action, as adjudged by the pleadings of the tenant, was the negligence of the landlords, on ground that rain damage was caused by failure of landlords to exercise due care in maintaining and repairing roof and skylights. The lease provided that the landlords were exempt from liability for rain damage unless the damage was caused by or was due to negligence of the landlord. The action was not brought within three years and recovery was barred if the three-year statute of limitations (CPLR § 214, subd. 4) governing actions to recover damages for an injury to property was applicable. The action was not barred if the six-year statute of limitations (CPLR § 213, subd. 2) relating to actions on a contractual obligation or liability express or implied was applicable.
The Supreme Court, Special Term, Westchester County, Hugh S. Coyle, J., entered an order denying a motion by the landlords for summary judgment dismissing the complaint.
The Appellate Division entered an order October 26, 1964 which reversed the order of the Special Term, granted the motion of the landlords, and dismissed the complaint. The Appellate Division held that the essence of the action was negligence and that therefore the three-year statute of limitations was applicable and barred the action.
The tenant appealed to the Court of Appeals, contending that liability of landlords was based on contract and that the six-year statute of limitations governed.
Order affirmed, with costs.
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Paver and Wildfoerster v. Catholic High School Ass'n
...23 N.Y.2d 756, 296 N.Y.S.2d 953, 244 N.E.2d 468; Alyssa Originals v. Finkelstein, 22 A.D.2d 701, 254 N.Y.S.2d 21, affd. 24 N.Y.2d 976, 302 N.Y.S.2d 599, 250 N.E.2d 82; Carr v. Lipshie, 8 A.D.2d 330, 332, 187 N.Y.S.2d 564, 566, affd. 9 N.Y.2d 983, 218 N.Y.S.2d 62, 176 N.E.2d 512; see, also, ......
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Baratta v. Kozlowski
...to pecuniary interest cases as well (compare Alyssa Originals v. Finkelstein, 22 A.D.2d 701, 254 N.Y.S.2d 21, affd. 24 N.Y.2d 976, 302 N.Y.S.2d 599, 250 N.E.2d 82; Carr v. Lipshie, 8 A.D.2d 330, 187 N.Y.S.2d 564, affd. 9 N.Y.2d 983, with Dentists' Supply Co. v. Cornelius, 281 App.Div. 306, ......
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Steiner v. Wenning
...or malpractice, and not breach of contract. In Alyssa Originals v. Finkelstein, 22 A.D.2d 701, 254 N.Y.S.2d 21, affd. 24 N.Y.2d 976, 302 N.Y.S.2d 599, 250 N.E.2d 82, we held that a tenant seeking redress from his landlord for damages caused by a leaking roof was proceeding in tort and not f......
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Graboi v. Kibel, 75 Civ. 0298 (GLG).
...analogous to that presented here. In Alyssa Originals, Inc. v. Finkelstein, 22 A.D.2d 701, 254 N.Y.S.2d 21 (2d Dep't 1964), aff'd, 24 N.Y.2d 976, 302 N.Y. S.2d 599, 250 N.E.2d 82 (1969), plaintiff sued his landlord for damages to his property alleging breach of an express covenant of quiet ......