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ROCHESTER GAS & ELECTRIC CORPORATION v. CITY OF ROCHESTER

258 A.D.2d 945 (1999)

685 N.Y.S.2d 533

ROCHESTER GAS & ELECTRIC CORPORATION, Respondent, v. CITY OF ROCHESTER, Appellant.

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

Decided February 10, 1999.

Order unanimously reversed on the law without costs, motion granted and complaint dismissed.

Memorandum:

Plaintiff commenced this action to recover damages for injury to its property allegedly resulting from a break in defendant's water main in 1994. Supreme Court erred in denying defendant's motion to dismiss the complaint on the ground that it is barred by the Statute of Limitations (see, CPLR 3211 [a] [5]). The action was commenced in 1997, more...

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