Klein v. City of Yonkers

In an action, inter alia, to recover damages for the negligent issuance of a certificate of occupancy, defendant appeals from an order of the Supreme Court, Westchester County, entered February 16, 1979, which denied its motion, pursuant to CPLR 3211 (subd [a], pars 5, 7), to dismiss the complaint on the grounds that the action is barred by the Statute of Limitations and the complaint fails to state a cause of action. Order reversed, on the law, without costs or disbursements, and motion granted. The plaintiff seeks to recover damages for the destruction of his apartment building by fire in…