Mark v. Eshkar

In Mark v. Eshkar (194 AD2d 356 [st Dept, 1993]) the parties shared a party wall, and did a gut renovation that resulted in minor damage to the wall, for which defendant made payment to plaintiff in 1984. However, in 1989, larger cracks, allegedly structural, appeared. The Appellate Division, First Department, held that damage occurred when the damage became apparent.