| Town of Oyster Bay v S. Zara & Sons Contr. Corp. |
| 2012 NY Slip Op 03173 [94 AD3d 1094] |
| April 24, 2012 |
| Appellate Division, Second Department |
| Town of Oyster Bay, Appellant, v S. Zara and SonsContracting Corporation, Respondent. |
—[*1] Wade Clark Mulcahy, New York, N.Y. (Robert J. Cosgrove, Cheryl Fuchs, and ChristopherO'Leary of counsel), for respondent.
In an action to recover damages for continuing public nuisance, the plaintiff appeals from anorder of the Supreme Court, Nassau County (Palmieri, J.), entered December 3, 2010, which, ineffect, granted that branch of the defendant's motion which was, in effect, pursuant to CPLR3211 (a) (5) to dismiss the complaint as time-barred.
Ordered that the order is affirmed, with costs.
The plaintiff alleges that, pursuant to a contract with Nassau County, the defendantcompleted certain sewer construction work in 1986, and that defects in the construction workconstitute and contribute to a continuing public nuisance. The action is time-barred for thereasons stated in the companion case of Village of Lindenhurst v J.D. Posillico, Inc. (94AD3d 1101 [2012] [decided herewith]).
The plaintiff's contentions relating to alleged statutory violations are not properly before thisCourt. Rivera, J.P., Dillon, Angiolillo and Leventhal, JJ., concur.