Legal Opinion

Wayne Drilling & Blasting, Inc. v. Felix Industries, Inc.

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

Decided April 13, 1987PublishedCited by 16 opinions

1Opinion of the Court

In an action to recover damages for breach of a construction contract, the defendant Felix Industries, Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Sullivan County (Kahn, J.), dated August 22, 1985, as denied that branch of its motion which was to dismiss the complaint insofar as it is asserted against it pursuant to CPLR 3211 (a) (5) on the ground that the action was time barred by a contractual Statute of Limitations. This appeal was transferred to this court by order of the Appellate Division, Third Department.

Ordered that the order is reversed…

2Cases cited3 opinions

  1. Timberline Electric Supply Corp. v. Insurance Co. of North AmericaNew York Court of Appeals · 1980
  2. Timberline Electric Supply Corp. v. Insurance Co. of North AmericaAppellate Division of the Supreme Court of the State of New York · 1979
  3. Snyder v. Gallagher Truck Center, Inc.Appellate Division of the Supreme Court of the State of New York · 1982

3Cited by16 opinions

  1. Assured Guaranty (UK) Ltd. v. J.P. Morgan Investment Management Inc.Appellate Division of the Supreme Court of the State of New York · 2010
  2. Chase v. Columbia National Corp.District Court, S.D. New York · 1993
  3. Parent Teacher Ass'n v. Manufacturers Hanover Trust Co.Civil Court of the City of New York · 1988
  4. Incorporated Village of Saltaire v. ZagataAppellate Division of the Supreme Court of the State of New York · 2001
  5. Corbett v. FIRSTLINE SECURITY, INC.District Court, E.D. New York · 2009

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