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.