Appellate Division of the Supreme Court of the State of New York April 29, 2002 (Town of Hempstead v. Lizza Industries, Inc.)

In an action, inter alia, to recover damages for trespass and nuisance, the defendant appeals from an order of the Supreme Court, Nassau County (McCarty, J.), dated January 22, 2001, which, in effect, granted the plaintiff’s motion pursuant to *740CPLR 3211 (b) to dismiss the defendant’s affirmative defense of the statute of limitations as to the fourth cause of action, and, sua sponte, dismissed