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Phila. Indem. Ins. v. Buffalo Hotel Supply

Defendants Prima Facie Show Plaintiff's Amended Complaint Barred by Statute of Limitations

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DECISION AND ORDER

*1 This matter comes before the Court to address separate motions by three Defendants.1 The first motion was made by Allied Electric Company (“Allied”) to dismiss Plaintiff’s Amended Complaint based on CPLR §3211(a)(5) arguing that the Amended Complaint is barred by the Statute of Limitations. The second motion was made by Buffalo Hotel Supply Company, Inc. (“Buffalo Hotel Supply”), and is also based on the Statute of Limitations. The third motion was by Halco Mechanical (“Halco”), seeking leaved to serve an Amended Answer to include the affirmative defense of the Statute of Limitations, and then to dismiss the Amended Complaint based upon that affirmative defense, and also based upon the lack of proximate cause, as a matter of law. Plaintiff has opposed all three motions, arguing that the Statute of Limitations begins to run upon discovery of the defect and resulting damage, and that the Amended Complaint was timely.2 For the reasons set forth below, the motions of all three Defendants are granted.*2

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