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King Kullen Grocery Co. v. Long Island Railroad

King Kullen Grocery Co., Inc. v. Long Island Railroad Company

King Kullen Grocery Co. v. Long Island R.R., 112 A.D.2d 194 (1985)
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Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
July 8, 1985
Citations
112 A.D.2d 194491 N.Y.S.2d 4171985 N.Y. App. Div. LEXIS 55944

Opinion of the Court

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In an action to recover money damages for injury to property, plaintiff appeals from an order of the Supreme Court, Nassau County (Christ, J.), dated December 20, 1983, which granted defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (5).

Order reversed, without costs or disbursements, and defendant’s motion to dismiss the complaint denied.

Special Term erred in dismissing the complaint as barred by the short Statute of Limitations applicable to tort actions pursuant to Public Authorities Law § 1276 (2), (6). The liability alleged in the complaint has its genesis in the contractual relationship between the parties, and the plaintiff seeks to recover, for damage to property. Under the analysis articulated in Sears, Roebuck & Co. v Enco Assoc. ( 43 NY2d 389 ) and Baratta v Kozlowski ( 94 AD2d 454 ), the six-year contract Statute of Limitations is applicable. Mangano, J. P., Thompson, Brown and Kunzeman, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1989: 119892026peak 1989 · 1

Relies on it most ⓘ

  1. Frank Management, Inc. v. Weber145 Misc. 2d 995 (N.Y. Sup. Ct. 1989)

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  1. Frank Management, Inc. v. Weber145 Misc. 2d 995 (N.Y. Sup. Ct. 1989)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Sears, Roebuck & Co. v. Enco Associates, Inc., 372 N.E.2d 555 (N.Y. 1977) 222
Baratta v. Kozlowski, 94 A.D.2d 454 (1983) 87

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