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Suffolk County W. Auth. v. Davis Const. Corp.

Appellate Division of the Supreme Court of New York, Second Department
Dec 13, 1999
267 A.D.2d 300 (N.Y. App. Div. 1999)

Opinion

Argued September 23, 1999

December 13, 1999

In an action, inter alia, to recover damages based on negligence and breach of contract, the plaintiff appeals, as limited by its brief, from stated portions of an order of the Supreme Court, Suffolk County (Doyle, J.), dated September 15, 1997, which, inter alia, granted, in part, the defendant's cross motion to dismiss the complaint as time-barred, and denied that branch of its motion which was to dismiss the defendant's affirmative defense based on the Statute of Limitations.

Carman, Callahan Ingham, LLP, Farmingdale, N.Y. (Michael F. Ingham of counsel), for appellant.

LAWRENCE J. BRACKEN, J.P., WILLIAM D. FRIEDMANN, GLORIA GOLDSTEIN NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court correctly resolved the Statute of Limitations issues raised by the parties (see, Suffolk County Water Authority v. J.D. Posillico, Inc., 267 A.D.2d 301 [decided herewith]).

BRACKEN, J.P., FRIEDMANN, GOLDSTEIN, and SMITH, JJ., concur.


Summaries of

Suffolk County W. Auth. v. Davis Const. Corp.

Appellate Division of the Supreme Court of New York, Second Department
Dec 13, 1999
267 A.D.2d 300 (N.Y. App. Div. 1999)
Case details for

Suffolk County W. Auth. v. Davis Const. Corp.

Case Details

Full title:SUFFOLK COUNTY WATER AUTHORITY, appellant, v. DAVIS CONSTRUCTION…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 13, 1999

Citations

267 A.D.2d 300 (N.Y. App. Div. 1999)
669 N.Y.S.2d 883

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