Appellate Division of the Supreme Court of New York, 1969

Murray v. Switzer Contracting Co.

Murray v. Switzer Contracting Co.
Appellate Division of the Supreme Court of New York · Decided June 30, 1969
32 A.D.2d 839; 302 N.Y.S.2d 615; 1969 N.Y. App. Div. LEXIS 3549
Murray v. Switzer Contracting Co.

Opinion of the Court

Order of the Supreme Court, Nassau County, dated August 7, 1967, affirmed, with $10 costs and disbursements. In our opinion, the first and third causes of action alleged in the complaint, purportedly predicated upon a liability created by statute and upon nuisance, respectively, are governed by the provisions of subdivision 6 of section 49 of the former Civil Practice Act and therefore are time-barred. Christ, Acting P. J., Brennan, Hopkins, Munder and Kleinfeld, JJ., concur.

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