Opinion
March 9, 1998
Appeal from the Supreme Court, Richmond County (Sangiorgio, J.).
Ordered that the plaintiff's cross appeal is dismissed for failure to perfect the same in accordance with the rules of this Court ( see, 22 NYCRR 670.8 [c], [e]); and it is further,
Ordered that the appeal of Chestnut Homes, Inc., from so much of the order as granted the motion of the defendant New York City Department of Housing Preservation and Development to dismiss the complaint insofar as asserted against it is dismissed as Chestnut Homes, Inc., is not aggrieved by that portion of the order ( see, CPLR 5511); and it is further,
Ordered that the order dated May 15, 1996, is affirmed insofar as reviewed; and it is further,
Ordered that the defendant-respondent is awarded one bill of costs.
Chestnut Homes, Inc., is not aggrieved by the dismissal of the complaint insofar as asserted against the defendant New York City Department of Housing Preservation and Development ( see, CPLR 5511; Keith Props. v. Hubinette Cowell Assocs., 243 A.D.2d 663; Dublin v. Prime, 168 A.D.2d 597).
Chestnut Homes, Inc., has failed to establish on this record that the plaintiff's causes of action insofar as asserted against it are barred by the applicable Statute of Limitations ( see, CPLR 214; Jensen v. General Elec. Co., 82 N.Y.2d 77; Gold Sun Shipping v. Ionian Transp., 245 A.D.2d 420; Brooklyn Union Gas Co. v. Hunter Turbo Corp., 241 A.D.2d 505).
O'Brien, J. P., Thompson, Sullivan and Pizzuto, JJ., concur.