SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
June 30, 1969
WILLIAM MURRAY, APPELLANT,
SWITZER CONTRACTING CO., INC., RESPONDENT
Order of the Supreme Court, Nassau County, dated August 7, 1967, affirmed, with $10 costs and disbursements.
Christ, Acting P. J., Brennan, Hopkins, Munder and Kleinfeld, JJ., concur.
In our opinion, the first and third causes of action alleged in the complaint, purportedly predicated upon a liability created by statute and upon nuisance, respectively, are governed by the provisions of subdivision 6 of section 49 of the former Civil Practice Act and therefore are time-barred.
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