In Bryant v. Damiano , Anne Bryant sued Charles Damiano for damages caused by the installation of an allegedly defective drainage system some 18 years prior to her lawsuit.
When the Rockland County Justice Court dismissed the case on "statute of limitations" grounds, Bryant appealed to the Appellate Term, Second Department.
The AT2 noted that a case against a contractor for "contract breach" or "fraud" must be filed within 6 years from the date the work was completed, or two years from the time Bryant learned of the fraud, or, with "reasonable diligence" could have uncovered the misconduct.
Bryant admitted that a year after Damiano completed the work, she detected a problem with the drain and hired someone to fix the system.
Since she was aware of the defect for some 16 years, she was "time-barred" from seeking relief.
No flushing that out any further.
To download a copy of the Appellate Term's decision, please use this link: Bryant v. Damiano