Cashman v. Calvo

In Cashman v. Calvo, 196 Conn. 509, 493 A.2d 891 (1985), the Court rejected a claim that a party has one year from the date of the delivery of the deed or the taking of possession of the house to commence an action. In holding that the one year period from the delivery of the deed or the taking of possession of the house is a limitation within which the defect must arise and not a limitation on when an action can be brought, the Court stated: "It would be inconsistent with the one year duration of the warranties provided by 47-118 (e) to require that a suit for breach thereof be commenced within the same period. Even where the utmost diligence is exercised, some time must inevitably lapse between the accrual of a cause of action and its commencement by service of papers." Id., 512-13.