Johnson v. Marianetti
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying defendant Marianetti’s motion to dismiss the complaint as barred by the three-year Statute of Limitations. Plaintiff alleges that Marianetti negligently altered a drainage pipe while constructing a house on the property adjacent to plaintiffs property in 1984, thereby causing ground water to be diverted onto plaintiffs property. Plaintiff alleges that the cause of action accrued in 1992 when she discovered that the basement wall of her home…
2Cases cited5 opinions
- Klein v. City of YonkersNew York Court of Appeals · 1981
- Nebbia v. County of MonroeAppellate Division of the Supreme Court of the State of New York · 1983
- Durant v. Grange Silo Co.Appellate Division of the Supreme Court of the State of New York · 1960
- Mark v. EshkarAppellate Division of the Supreme Court of the State of New York · 1993
- City of Niagara Falls v. RudolphAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by11 opinions
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- Pfohl v. AMAX, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Sharpe v. Town of ConesusAppellate Division of the Supreme Court of the State of New York · 2005
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