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TOWN OF HEMPSTEAD v. LIZZA INDUSTRIES, INC.

293 A.D.2d 739 (2002)

741 N.Y.S.2d 431

TOWN OF HEMPSTEAD, Respondent, v. LIZZA INDUSTRIES, INC., Appellant. (And a Third-Party Action.)

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

Decided April 29, 2002.

Ordered that on the Court's own motion, the notice of appeal from so much of the order as, sua sponte, dismissed the defendant's affirmative defense of the statute of limitations as to the second cause of action is treated as an application for leave to appeal from that portion of the order, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is reversed, on the law, and the motion is denied; and it is further,

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