Garron v Bristol House, Inc. (2018 NY Slip Op 04533)
Garron v Bristol House, Inc.
2018 NY Slip Op 04533 [162 AD3d 857]
June 20, 2018
Appellate Division, Second Department
Published by New York State Law Reporting Bureau
pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 1, 2018
[*1]
Robert Garron, Appellant,
v
Bristol House, Inc., et al.,
Respondents, et al., Defendants.
James G. Dibbini & Associates, P.C., Yonkers, NY (Matthew Russo of counsel), for
appellant.
Alan B. Brill, P.C., Suffern, NY (Sheila S. Rosenrauch of counsel), for respondents.
In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from
an order of the Supreme Court, Westchester County (David F. Everett, J.), dated October 5,
2016. The order, insofar as appealed from, granted those branches of the motion of the
defendants Bristol House, Inc., Garthchester Realty, Ltd., and RMR Residential Realty, LLC,
which were pursuant to CPLR 3211 (a) (5) to dismiss the causes of action alleging breach of
contract and breach of the implied warranty of habitability insofar as asserted against the
defendant Bristol House, Inc., as time-barred.
Ordered that the order is modified, on the law, by deleting the provisions thereof granting
those branches of the motion of the defendants Bristol House, Inc., Garthchester Realty, Ltd., and
RMR Residential Realty, LLC, which were to dismiss as time-barred so much of the causes of
action alleging breach of contract and breach of the implied warranty of habitability insofar as
asserted against the defendant Bristol House, Inc., as accrued after April 15, 2010, and
substituting therefor provisions denying those branches of the motion; as so modified, the order