Cubito v. Kreisberg

In Cubito v. Kreisberg, (69 A.D.2d 738 [2d Dept 1979] affd 51 N.Y.2d 900 [1980]), the court examined the statute of limitations for architectural negligence applicable to a plaintiff not in privity with the architect. The court applied to architects the principle that "a manufacturer is obligated to exercise that degree of care in his plan or design so as to avoid any unreasonable risk of harm to anyone who is likely to be exposed to the danger," and declared that the liability of an architect to a third party depends on whether the architect "exercised due care in preparing his plans." (Id. at 745.)