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MOGUL MEDIA, LLC, plf-res, v. JAMES RAMSBURGH, def-ap

4000. MOGUL MEDIA, LLC, plf-res, v. JAMES RAMSBURGH, def-ap — Lopresto & Barbieri, P.C., Astoria (Guy Barbieri of counsel), for ap — Horing Welikson & Rosen, P.C., Williston Park (Niles C. Welikson of counsel), for res — Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered November 27, 2015, which, insofar as appealed from, in this action for damages arising from the collapse of a billboard, denied the motion of defendant James Ramsburgh for summary judgment dismissing the complaint and all cross claims as against him, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

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4000. MOGUL MEDIA, LLC, plf-res, v. JAMES RAMSBURGH, def-ap — Lopresto & Barbieri, P.C., Astoria (Guy Barbieri of counsel), for ap — Horing Welikson & Rosen, P.C., Williston Park (Niles C. Welikson of counsel), for res — Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered November 27, 2015, which, insofar as appealed from, in this action for damages arising from the collapse of a billboard, denied the motion of defendant James Ramsburgh for summary judgment dismissing the complaint and all cross claims as against him, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

“In cases against architects or contractors, the accrual date for Statute of Limitations purposes is completion of performance… [N]o matter how a claim is characterized in the complaint—negligence, malpractice, breach of contract—an owner’s claim arising out of defective construction accrues on date of completion, since all liability has its genesis in the contractual relationship of the parties” (City Sch. Dist. of City of Newburgh v. Stubbins & Assoc., 85 NY2d 535, 538 [1995] [internal citations omitted]; Amedeo Hotels Ltd. Partnership v. Zwicker Elec. Co., 291 AD2d 322 [1st Dept 2002]).

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