Opinion
July 8, 1985
Appeal from the Supreme Court, Nassau County (Christ, J.).
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 N.Y.2d 389) and Baratta v Kozlowski ( 94 A.D.2d 454), the six-year contract Statute of Limitations is applicable. Mangano, J.P., Thompson, Brown and Kunzeman, JJ., concur.