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GEOTECH ENTERPRISES, INC. v. 181 EDGEWATER, LLC

2015-09394, Index No. 704839/14.

137 A.D.3d 1213 (2016)

28 N.Y.S.3d 457

2016 NY Slip Op 02325

GEOTECH ENTERPRISES, INC., et al., Respondents, v. 181 EDGEWATER, LLC, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided March 30, 2016.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendant's motion which was pursuant to CPLR 3211 (a) (5) to dismiss the second cause of action as time-barred is granted.

In 2008, the plaintiffs entered into a contract with nonparty Nevins Group, LLC (hereinafter Nevins), to install pile drilling and load testing equipment at a construction site in Brooklyn....

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