Conzemius v. NVR, Inc.

Summary

The United States District Court for the Western District of Pennsylvania granted NVR, Inc.’s motion for summary judgment in a dispute concerning alleged defects in a home purchased under a 2012 agreement. The court held that the plaintiffs’ breach of contract, breach of warranty, negligence, and Pennsylvania UTPCPL claims were barred by the applicable statutes of limitations and dismissed the complaint with prejudice.

Holdings

1. Plaintiffs' claims were time-barred because the limitations periods began to run no later than 2017, when plaintiffs discovered the alleged defects, and plaintiffs did not file suit until September 9, 2024.
2. Plaintiffs failed to produce sufficient record evidence from which a reasonable juror could find that a valid tolling agreement existed; therefore, the alleged tolling agreement did not prevent summary judgment.

Questions Presented

1. Whether plaintiffs' breach-of-contract, breach-of-warranty, negligence, and UTPCPL claims were barred by the applicable statutes of limitations.
2. Whether plaintiffs produced sufficient evidence of a tolling agreement to create a genuine dispute of material fact precluding summary judgment.

Disposition

dismissed