The defendant brought a motion for summary judgment to dismiss the plaintiff's negligence claim regarding a defective fireplace installation, arguing the claim was statute-barred.
The plaintiff argued the limitation period did not begin until the defendant refused to remediate the issue.
The court found that the plaintiff had actual knowledge of the material facts to base an allegation of negligence upon receiving an inspection report in December 2010.
As the action was not commenced until November 2014, well beyond the two-year limitation period, the court granted the defendant's motion and dismissed the action.
