Opinion
570564/06.
Decided August 9, 2010.
Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Peter H. Moulton, J.), dated February 2, 2010, which granted defendants' motion to dismiss the complaint and denied plaintiff's cross motion for summary judgment and to strike defendants' answer.
PRESENT: McKeon, P.J., Shulman, Hunter, Jr., JJ.
Order (Peter H. Moulton, J.), dated February 2, 2010, modified, to deny those branches of defendants' motion seeking dismissal of plaintiff's negligence claims, and the matter remanded for further proceedings with respect to those claims; as modified, order affirmed, without costs.
As is evident from reviewing plaintiff's bill of particulars, the majority of plaintiff's claims sound in intentional tort and are time-barred by the one-year statute of limitations ( see CPLR 215). However, certain claims sound in negligence and are subject to a three-year statute of limitations ( see CPLR 214, [5]). Specifically, plaintiff alleged in her bill of particulars that defendants negligently (1) "knocked holes in plaintiff's walls and inundated her unit . . . with dust on a daily basis," (2) "knocked out plaintiff's electricity repeatedly," and (3) "opened up the walls of the [third] floor common hall and left electrical wires exposed for months at a time." Because triable issues exist as to when these particular claims accrued and whether they were timely interposed when plaintiff filed her complaint in April 2006, those branches of defendants' motion seeking dismissal of these claims should have been denied ( see generally Matter of Schwartz, 44 AD3d 779; CDR Creances S.A. v Euro-American Lodging Corp., 43 AD3d 45).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.