Majority
p. 839William Murray, Appellant, v. Switzer Contracting Co., Inc., Respondent.
Order of the Supreme Court, Nassau County, dated August 7, 1967, affirmed, with $10 costs and disbursements. In our opinion, the first and third causes of action alleged in the complaint, purportedly predicated upon a liability created by statute and upon nuisance, respectively, are governed by the provisions of subdivision 6 of section 49 of the former Civil Practice Act and therefore are time-barred. Christ, Acting P. J., Brennan, Hopkins, Munder and Kleinfeld, JJ., concur.