190 MURRAY STREET ASSOCIATES, LLC v. CITY OF ROCHESTER


19 A.D.3d 1116 (2005)

795 N.Y.S.2d 923

190 MURRAY STREET ASSOCIATES, LLC, Appellant, v. CITY OF ROCHESTER, Respondent.

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

June 10, 2005.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied and the complaint is reinstated.

Memorandum:

Plaintiff commenced this action to recover for damage to its properties allegedly caused by the collapse of a sewer line adjacent to those properties. Supreme Court erred in granting defendant's motion to dismiss the complaint as time-barred (see CPLR 3211 [a]...

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