277 A.D.2d 989 (2000)

716 N.Y.S.2d 845

RICHARD C. HIGGINS et al., Respondents-Appellants, v. VILLAGE OF ORCHARD PARK, Appellant-Respondent.

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

Decided November 13, 2000.

Order unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Supreme Court erred in denying defendant's cross motion to the extent that it sought dismissal of the causes of action sounding in negligence and breach of contract as time-barred. Those causes of action stem from defendant's April 1995 installation of a drainage line across plaintiffs' property...

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