City of Rochester v. Marcel A. Payeur, Inc. & a.

This is an interlocutory appeal by the plaintiff, the City of Rochester (City), from an order of the Superior Court (Houran, J.) dismissing the City’s claims against two of the four defendants it sued for damages. On appeal, the City asserts that the trial court erred in refusing to apply the doctrine of nullum tempus occurrit regi. (“time does not run against the king”) so as to exempt the City’s claims against defendants Chicago Bridge & Iron n/k/a CB&I, Inc. (CB&I) and Whitman & Howard n/k/a AECOM Technical Services, Inc. (AECOM) from the bar of the six-year statute of limitations that was…