190 Murray Street Associates, LLC v. City of Rochester

Appeal from an order of the Supreme Court, Monroe County (David D. Egan, J.), entered December 10, 2004. The order granted defendant’s motion to dismiss the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied and the complaint is reinstated.

Memorandum: Plaintiff commenced this action to recover for damage to its properties allegedly caused by the collapse of a sewer line adjacent to those properties. Supreme Court erred in granting defendant’s motion to dismiss the complaint as time-barred…