Ontario Freight Lines Corp. v. Orange & Rockland Utilities, Inc.

Appellate Division of the Supreme Court of New York

Ontario Freight Lines Corp. v. Orange & Rockland Utilities, Inc.

80 A.D.2d 828, 436 N.Y.S.2d 1014, 1981 N.Y. App. Div. LEXIS 10639

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 2, 1981

StatusPublished

This text of 80 A.D.2d 828 (Ontario Freight Lines Corp. v. Orange & Rockland Utilities, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Ontario Freight Lines Corp. v. Orange & Rockland Utilities, Inc., 80 A.D.2d 828, 436 N.Y.S.2d 1014, 1981 N.Y. App. Div. LEXIS 10639 (N.Y. Ct. App. 1981).

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Opinion

In an action to recover damages for negligence and breach of contract, defendant Orange and Rock-land Utilities, Inc., appeals from an order of the Supreme Court, Orange County, dated April 10, 1979 which denied its motion to dismiss the complaint on the ground that the cause of action was barred by the Statute of Limitations. Order affirmed, with $50 costs and disbursements. The record reveals an issue of fact concerning whether the defendants fraudulently concealed the existence of damage they had caused to plaintiffs’ underground fuel lines (see General Stencils v Chiappa, 18 NY2d 125). Such an issue required denial of the motion. Mangano, J.P., Cohalan, O’Connor and Weinstein, JJ., concur.

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In an action to recover damages for negligence and breach of contract, defendant Orange and Rock-land Utilities, Inc., appeals from an order of the Supreme Court, Orange County, dated April 10, 1979 which denied its motion to dismiss the complaint on the ground that the cause of action was barred by the Statute of Limitations. Order affirmed, with $50 costs and disbursements. The record reveals an issue of fact concerning whether the defendants fraudulently concealed the existence of damage they had caused to plaintiffs’ underground fuel lines (see General Stencils v Chiappa, 18 NY2d 125). Such an issue required denial of the motion. Mangano, J.P., Cohalan, O’Connor and Weinstein, JJ., concur.

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80 A.D.2d 828, 436 N.Y.S.2d 1014, 1981 N.Y. App. Div. LEXIS 10639, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ontario-freight-lines-corp-v-orange-rockland-utilities-inc-nyappdiv-1981.

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