In Novita LLC v. 307 W. Rest. Corp. (35 AD3d 234, 828 NYS2d 5 [1st Dept 2006]), the First Department held that a shortened negligence statute of limitations does not apply to a claim seeking breach of contract damages on a claim for property damage. In Novita LLC v. 307 W. Rest. Corp. (supra), the plaintiff landlord entered into a lease agreement with the defendant tenants that obligated the tenants to maintain the premises in good repair. During renovations performed by the tenants, the tenants removed a load-bearing wall causing damage to the premises. The landlord commenced the action three years and one day after learning from its architect about the structural defect. The landlord alleged that, under the terms of the lease, the tenants were responsible for any damage to the building caused by their own poor workmanship or negligence. The issue before the Court was whether the three-year statute of limitations for negligence or the six-year statute for breach of contract applied.