Legal Opinion
Atlantic Express Transportation Corp. v. Weeks Marine, Inc.
New York Supreme Court
Decided November 26, 2008PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Joseph J. Maltese, J.
The motion of the defendant, Weeks Marine, Inc., for an or*848der dismissing the plaintiffs’ complaint on the ground that it is time-barred is denied. This court holds that the three-year statute of limitations in CPLR 214 (4) does not commence in an action for real property damage caused by the loss of “lateral support” due to the defendant’s drilling, blasting and dredging of an adjacent waterway until the damage is visible.
Facts
The plaintiffs, Atlantic Express Transportation Corp. and Midway Leasing Inc., commenced this action by serving and filing a…
2Cases cited7 opinions
- Rotuba Extruders, Inc. v. CepposNew York Court of Appeals · 1978
- Wiener v. Ga-Ro Die Cutting Inc.Appellate Division of the Supreme Court of the State of New York · 1984
- Marine Midland Bank, N. A. v. Dino & Artie's Automatic Transmission Co.Appellate Division of the Supreme Court of the State of New York · 1990
- Mark v. EshkarAppellate Division of the Supreme Court of the State of New York · 1993
- American Home Assurance Co. v. Amerford International Corp.Appellate Division of the Supreme Court of the State of New York · 1994
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Pagliaroni v. Mastic Home Exteriors, Inc.District Court, District of Columbia · 2018