The defendants brought motions for summary judgment to dismiss the plaintiff's action for property damage caused by a ruptured sprinkler system, arguing the claim was statute-barred.
The plaintiff argued the limitation period did not begin until it received its expert's formal report.
The court found that the plaintiff had sufficient knowledge of the material facts to base an allegation of negligence against the defendants well before the formal report was delivered, based on preliminary communications with the expert.
The motions were granted and the action was dismissed as it was commenced outside the two-year limitation period.