Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying defendant Marianetti's motion to dismiss the complaint as barred by the three-year Statute of Limitations. Plaintiff alleges that Marianetti negligently altered a drainage pipe while constructing a house on the property adjacent to plaintiff's property in 1984, thereby causing ground water to be diverted onto plaintiff's...
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