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  5. 61 N.Y.2d 949 (1984)
 

PHILLIPS CONSTR. CO., INC. v. CITY OF NEW YORK

61 N.Y.2d 949 (1984)

Phillips Construction Co., Inc., Respondent, v. City of New York, Appellant. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Decided February 14, 1984.

Attorney(s) appearing for the Case

Frederick A. O. Schwarz, Jr., Corporation Counsel (James P. Griffin and Leonard Koerner of counsel), for appellant.

Saul Weprin, Julius L. Schapira and Louis Cantor for respondent.

Judges JASEN, JONES, MEYER and KAYE concur; Chief Judge COOKE dissents in part and votes to modify by dismissing the plaintiff's second, third and fourth causes of action in an opinion in which Judge WACHTLER concurs; Judge SIMONS taking no part.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, plaintiff's motion to strike the tenth defense (Statute of Limitations), denied, and defendant's motion to dismiss the action as time barred under the six-year Statute of Limitations (CPLR 213, subd 2), granted.

This action arises out of the construction of an ice skating rink at Clove Lake Park, Staten Island, New York. The provisions...

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