Giordano v Port Chester Wastewater Treatment Plant (2006 NY Slip Op 52274(U))

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Giordano v Port Chester Wastewater Treatment Plant

2006 NY Slip Op 52274(U) [13 Misc 3d 142(A)]

Decided on November 17, 2006

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on November 17, 2006

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : RUDOLPH, P.J., ANGIOLILLO and TANENBAUM, JJ
2005-1870 W C.

A. Robert Giordano, EXECUTOR OF THE ESTATE OF ARNOLD BRENHOUSE, as assignee of NEED OIL CORP., Appellant,

against

Port Chester Wastewater Treatment Plant, Respondent.

Appeal from an order of the City Court of White Plains, Westchester County (Eric Press, J.), entered September 26, 2005, deemed (see CPLR 5520 [c]) an appeal from the judgment entered on November 23, 2005. The judgment dismissing the action was entered pursuant to the September 26, 2005 order granting defendant's motion to dismiss the action and denying as academic plaintiff's cross motion to amend the caption.

Judgment affirmed without costs.

In this small claims action seeking payment of an invoice for delivery of fuel oil, the court below properly dismissed the action as time-barred for the reasons stated by the Appellate Division, Second Department, in Giordano v Westchester County Dept. of Parks, Recreation & Conservation (32 AD3d 897 [2006]).

Rudolph, P.J., Angiolillo and Tanenbaum, JJ., concur.
Decision Date: November 17, 2006