Fraccola v. City of Utica Board of Water Supply

Order unanimously affirmed with costs. Memorandum: The court properly dismissed plaintiffs’ complaint for failure to comply with the applicable Statute of Limitations. The sole cause of action asserted in the complaint alleges that the individual defendants, "by adopting the resolution of February 10, 1978, violated Section 42 of the Transportaion [sic] Law”. Presumably, plaintiffs were referring to section 42 of the Transportation Corporations Law which deals with the duty of a water works corporation to supply water. An action to recover upon a liability created or imposed by statute must…