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KASSNER & CO v. CITY OF NY

46 N.Y.2d 544 (1979)

John J. Kassner & Co., Inc., Respondent, v. City of New York, Appellant.

Court of Appeals of the State of New York.

Decided March 27, 1979.

Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (James P. Griffin and Leonard Koerner of counsel), for appellant.

Leon Quat for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES and FUCHSBERG concur with Judge WACHTLER.

WACHTLER, J.

In an action by an engineering firm to recover money allegedly owed for work done on a municipal contract the city asserted the Statute of Limitations (CPLR 213, subd 2) as a defense. The Supreme Court granted plaintiff's motion to dismiss the defense and denied the city's cross motion for summary judgment holding that the action was timely because it was brought within the period specified in the...

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