Court Allows N.Y. Contractor to Raise Defense to Personal Injury Claims

NEW YORK - A New York appellate court has reversed a trial court order denying a home improvement contractor leave to raise a statute of limitations defense to personal injury claims, saying the timeliness of plaintiff's claims is still at issue. Felice v. American A.W.S. Corp., et al., No. 2006-11976 (N.Y. Sup. Ct. App. Div., 2nd Dept.).

In a two-page opinion issued on Dec. 4, the New York Supreme Court Appellate Division, 2nd Department affirmed the trial court's decision to deny A.G.A. Home Improvements leave to raise a similar defense to property damage claims, however, ruling that those claims arose …