Town of Oyster Bay v. Marvec Allstate, Inc.

Appellate Division of the Supreme Court of New York

Town of Oyster Bay v. Marvec Allstate, Inc.

94 A.D.3d 1094, 942 N.Y.S.2d 805

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

DecidedApril 24, 2012

StatusPublished

Cited by1 cases

This text of 94 A.D.3d 1094 (Town of Oyster Bay v. Marvec Allstate, 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.

Bluebook

Town of Oyster Bay v. Marvec Allstate, Inc., 94 A.D.3d 1094, 942 N.Y.S.2d 805 (N.Y. Ct. App. 2012).

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Opinion

In an action to recover damages for continuing public nuisance, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Ealmieri, J.), entered June 23, 2010, as, in effect, granted that branch of the defendant’s motion which was pursuant to CELR 3211 (a) (5) to dismiss the complaint as time-barred.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff alleges that, pursuant to a contract with Nassau County, the defendant completed certain sewer construction work in 1987, and that defects in the construction work constitute and contribute to a continuing public nuisance. The action is time-barred for the reasons stated in the companion case of Village of Lindenhurst v J.D. Posillico, Inc. (94 AD3d 1101 [2012] [decided herewith]). Rivera, J.P., Dillon, Angiolillo and Leventhal, JJ., concur.

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In an action to recover damages for continuing public nuisance, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Ealmieri, J.), entered June 23, 2010, as, in effect, granted that branch of the defendant’s motion which was pursuant to CELR 3211 (a) (5) to dismiss the complaint as time-barred.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff alleges that, pursuant to a contract with Nassau County, the defendant completed certain sewer construction work in 1987, and that defects in the construction work constitute and contribute to a continuing public nuisance. The action is time-barred for the reasons stated in the companion case of Village of Lindenhurst v J.D. Posillico, Inc. (94 AD3d 1101 [2012] [decided herewith]). Rivera, J.P., Dillon, Angiolillo and Leventhal, JJ., concur.

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Bluebook (online)

94 A.D.3d 1094, 942 N.Y.S.2d 805, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-oyster-bay-v-marvec-allstate-inc-nyappdiv-2012.

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