The motion court correctly applied the three-year statute of limitations applicable to actions to recover on liabilities created or imposed by statute (CPLR 214[2]) to plaintiff's claim under Real Property Law § 339-l. Although CPLR 214(2) does not apply to "claims which, although provided for in a statute, merely codify or implement an existing common-law liability," it was properly applied here because the Real Property Law § 339-l claim, although "akin
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ELM SUSPENSION SYS., INC. v. 45 E. 33RD ST. CONDOMINIUM
653346/20. Appeal No. 15056. Case No. 2021-03359.
201 A.D.3d 498 (2022)
156 N.Y.S.3d 856
2022 NY Slip Op 00247
ELM Suspension Systems, Inc., Appellant, v. The 45 East 33rd Street Condominium, Respondent, et al., Defendant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided January 13, 2022.
Decided January 13, 2022.
Attorney(s) appearing for the Case
Herrick, Feinstein LLP, New York (Joshua S. Stricoff of counsel), for respondent.
Concur—Acosta, P.J., Manzanet-Daniels, González, Mendez, Rodriguez, JJ.
Appellate Division of the Supreme Court of New York, First Department.
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