New Bern Associates v. Celotex Corp., 523P87

Docket NºNo. 523P87
Citation362 S.E.2d 782, 321 N.C. 297
Case DateDecember 02, 1987
CourtUnited States State Supreme Court of North Carolina

Page 782

362 S.E.2d 782
321 N.C. 297
NEW BERN ASSOCIATES, Plaintiff,
v.
The CELOTEX CORPORATION, De-fendant and Third-Party Plaintiff,
v.
R.M. SAFFRAN, Individually and Trading as R.M. Saffran
Architect and Associates; Ferdinand A. Hepperle,
Individually and Trading as Ferdinand A. Hepperle, Architect
and Planner; and T.A. Loving Company, a Corporation.
No. 523P87.
Supreme Court of North Carolina.
Dec. 2, 1987.

Warren, Kerr, Walston & Hollowell, Goldsboro, and Poyner & Spruill, Raleigh, for third-party defendant T.A. Loving Co.

Stith & Stith, New Bern, for defendant and third-party plaintiff.

ORDER

Upon consideration of the petition filed by Third-Party Defendant (T.A. Loving Co.) in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. § 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 2nd day of December

1987."

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6 cases
  • Schenkel & Shultz v. Hermon F. Fox, COA05-1604.
    • United States
    • North Carolina Court of Appeal of North Carolina (US)
    • November 21, 2006
    ...N.C. 527, 273 S.E.2d 454 (1980); see also New Bern Assocs. v. Celotex Corp., 87 N.C.App. 65, 70, 359 S.E.2d 481, 484, disc. review denied, 321 N.C. 297, 362 S.E.2d 782 (1987) ("[T]he date the damage to its building was apparent or ought to have been reasonably apparent is the date [the plai......
  • Monson v. Paramount Homes, Inc., COA98-463.
    • United States
    • North Carolina Court of Appeal of North Carolina (US)
    • May 18, 1999
    ...Paramount supports its position by citing New Bern Assoc. v. The Celotex Corp., 87 N.C.App. 65, 359 S.E.2d 481, disc. review denied, 321 N.C. 297, 362 S.E.2d 782 In New Bern, plaintiff New Bern Associates brought suit against the Celotex Corporation ("Celotex") alleging breach of warranties......
  • Steelcase, Inc. v. M.B. Haynes Corp., CIVIL CASE NO. 1:09cv443
    • United States
    • United States District Courts. 4th Circuit. Western District of North Carolina
    • August 5, 2011
    ...or indemnification arising out of such repair. New Bern Associates v. Celotex Corp., 87 N.C. App. 65, 359 S.E.2d 481 (1987), review denied 321 N.C. 297, 362 W.E.2d 782 (1987). 5. Another portion of §1 B-3(e) reads "[t]he recovery of judgment against one tortfeasor for the injury... does not......
  • In re Elk Cross Timbers Decking Mktg., Civil Action No.: 15-18 (JLL)
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
    • October 26, 2015
    ...& Assoc., P.C., 636 S.E.2d 835, 840 (N.C. Ct. App. 2006) and New Bern Assoc., v. Celotex Corp., 87 N.C. App. 65, 70, disc. rev. denied, 321 N.C. 297 (1987), for the proposition that the "accrual" date is the date of discovery).) Plaintiffs' cases do not analyze the causes of action at issue......
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