KING KULLEN GROCERY CO., INC. v. LONG ISLAND R.R. CO.


112 A.D.2d 194 (1985)

King Kullen Grocery Co., Inc., Appellant, v. Long Island Railroad Company, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 8, 1985


Order reversed, without costs or disbursements, and defendant's motion to dismiss the complaint denied.

Special Term erred in dismissing the complaint as barred by the short Statute of Limitations applicable to tort actions pursuant to Public Authorities Law § 1276 (2), (6). The liability alleged in the complaint has its genesis in the contractual relationship between the parties, and the plaintiff seeks to recover, for damage to property. Under the analysis...

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