Town of Hempstead v. Lizza Industries, Inc.

In an action, inter alia, to recover damages for trespass and nuisance, the defendant appeals from an order of the Supreme Court, Nassau County (McCarty, J.), dated January 22, 2001, which, in effect, granted the plaintiff’s motion pursuant to *740CPLR 3211 (b) to dismiss the defendant’s affirmative defense of the statute of limitations as to the fourth cause of action, and, sua sponte, dismissed the defendant’s affirmative defense of the statute of limitations as to the second cause of action.

Ordered that on the Court’s own motion, the notice of appeal from so much of the order as, sua sponte,…