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ATLANTIC EXPRESS TRANSP. CORP. v. WEEKS MAR., INC.

22 Misc.3d 847 (2008)

869 N.Y.S.2d 326

ATLANTIC EXPRESS TRANSPORTATION CORP. et al., Plaintiffs, v. WEEKS MARINE, INC., et al., Defendants.

Supreme Court, Richmond County.

November 26, 2008.

Attorney(s) appearing for the Case

Betancourt, Van Hemmen, Greco & Kenyon, New York City, for defendants. Silverman Sclar Shin & Byrne, New York City, for plaintiffs.

OPINION OF THE COURT

JOSEPH J. MALTESE, J.

The motion of the defendant, Weeks Marine, Inc., for an order dismissing the plaintiffs' complaint on the ground that it is time-barred is denied. This court holds that the three-year statute of limitations in CPLR 214 (4) does not commence in an action for real property damage caused by the loss of "lateral support" due to the defendant's drilling, blasting and dredging...

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