Nebbia v. County of Monroe

Order unanimously affirmed, without costs. Memorandum: Plaintiff com*725menced this action against defendant on July 16,1982, alleging that defendant and its agents had severed his lateral line from the main sewer line in June, 1979 causing sewage to back up on his property in May and June of 1982. Special Term found that plaintiff’s action was barred by the Statute of Limitations since it was commenced more than one year and 90 days after the “happening of the event upon which the claim is based” (General Municipal Law, § 50-i, subd 1, par [c]). Plaintiff contends that this case is controlled by…