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NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY, plf-ap, v. ENNEAD ARCHITECTS LLP, def-res

3555. NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY, plf-ap, v. ENNEAD ARCHITECTS LLP, def-res — Zachary W. Carter, Corporation Counsel, New York (Jonathan A. Popolow of counsel), for ap — Zetlin & De Chiara LLP, New York (Bill P. Chimos of counsel), for res — Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered January 15, 2016, which granted defendant's motion to dismiss pursuant to CPLR 3211(a)(5) on statute of limitations grounds, unanimously reversed, on the law, without costs, the motion denied and the complaint reinstated.

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3555. NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY, plf-ap, v. ENNEAD ARCHITECTS LLP, def-res — Zachary W. Carter, Corporation Counsel, New York (Jonathan A. Popolow of counsel), for ap — Zetlin & De Chiara LLP, New York (Bill P. Chimos of counsel), for res — Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered January 15, 2016, which granted defendant’s motion to dismiss pursuant to CPLR 3211(a)(5) on statute of limitations grounds, unanimously reversed, on the law, without costs, the motion denied and the complaint reinstated.

On this CPLR 3211(a)(5) motion, defendant did not meet its initial burden of “establishing, prima facie, that the time in which to sue has expired” (Benn v. Benn, 82 AD3d 548, 548 [1st Dept 2011]). A cause of action to recover damages against an architect for professional malpractice is governed by a three-year statute of limitations, which accrues upon “termination of the professional relationship” — that is, when it “completes its performance of significant (i.e., non-ministerial) duties under the parties’ contract” (Sendar Dev. Co., LLC v. CMA Design Studio P.C., 68 AD3d 500, 503 [1st Dept 2009]). As this action was brought on February 27, 2015, plaintiff’s claims were timely so long as they accrued on or after February 27, 2012.

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