Village of Lindenhurst v. J.D. Posillico, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
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, Suffolk County (Baisley, Jr., J.), dated June 7, 2010, as granted that branch of the defendant’s motion which was pursuant to CPLR 3211 (a) (5) to dismiss the complaint as time-barred.
Ordered that the order is affirmed insofar as appealed from, with costs.
The Village of Lindenhurst commenced this action in July 2009 against J.D. Posillico, Inc. (hereinafter Posillico), asserting a single cause of action alleging continuing public…
2Cases cited9 opinions
- Jensen v. General Electric Co.New York Court of Appeals · 1993
- 509 Sixth Avenue Corp. v. New York City Transit AuthorityNew York Court of Appeals · 1964
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- Bloomingdales, Inc. v. New York City Transit AuthorityNew York Court of Appeals · 2009
- Rahabi v. MorrisonAppellate Division of the Supreme Court of the State of New York · 1981
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