¶ Plaintiffs commenced the instant action on January 19, 1983 to recover for "damages and breach of contract" resulting from defendant's alleged failure to provide proper telephone service sometime during April of 1979. In its answer, defendant asserted, inter alia, that the application was barred by the three-year Statute of Limitations applicable to tort claims (CPLR 214, subds 4, 5). Plaintiffs moved pursuant to CPLR 3211 (subd [b]) to strike the defense. Defendant...
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