Cerio v. Charles Plumbing & Heating, Inc.
| Decision Date | 02 April 1982 |
| Citation | 450 N.Y.S.2d 90,87 A.D.2d 972 |
| Court | New York Supreme Court — Appellate Division |
| Parties | Paul F. CERIO, Respondent, v. CHARLES PLUMBING & HEATING, INC., Appellant. |
Melvin & Melvin by Louis Levine, Syracuse, for appellant.
Paul F. Cerio, pro se.
Before DILLON, P. J., and DENMAN, BOOMER, MOULE and SCHNEPP, JJ.
Plaintiff instituted this action in Small Claims Court to recover the cost of repairing a chimney and piping installed by defendant more than nine years before. Defendant moved to dismiss the claim asserting the bar of the statute of limitations. The motion was denied and judgment was granted in favor of plaintiff in the sum of $154.40.
The plaintiff's claim for the cost of repairing the chimney and piping accrued on completion of the work (see Kassner & Co. v. City of New York, 46 N.Y.2d 544, 550, 415 N.Y.S.2d 785, 389 N.E.2d 99; Sears, Roebuck & Co. v. Enco Associates, 43 N.Y.2d 389, 394, 401 N.Y.S.2d 767, 372 N.E.2d 555; Sosnow v. Paul, 36 N.Y.2d 780, 782, 369 N.Y.S.2d 693, 330 N.E.2d 643), and is now time-barred. The claim must be dismissed, therefore, if the statutes of limitation provided for in CPLR, article 2 apply to Small Claims Court. We hold that it does and we reverse the judgment and order below and dismiss the claim.
CPLR 101 provides that the civil practice law and rules shall govern the procedure in civil judicial proceedings in all courts of the state, except where the procedure is regulated by inconsistent statute. Section 201 of the CPLR states that an action "must be commenced within the time specified in unless a different time is prescribed by law". The Uniform City Court Act, governing small claim proceedings, does not prescribe any periods of limitation. The act generally provides that hearings upon small claims shall be conducted "in such manner as to do substantial justice between the parties according to the rules of substantive law and shall not be bound by statutory provisions or rules of practice, procedure, pleading or evidence" (UCCA, § 1804). The scope of review on small claims appeals is limited to insuring that "substantial justice" has been done between the parties according to rules of substantive law (UCCA, § 1807).
Statutes of limitations are more than provisions or rules of practice, procedure, pleading or evidence. They embody "an important public policy of giving repose to human affairs." (Flanagan v. Mt. Eden Gen. Hosp., 24 N.Y.2d 427, 429, 301 N.Y.S.2d 23, 248...
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