Order reversed, with costs, and the question certified answered in the negative upon the ground that, under the allegations of the complaint, the three-year Statute of Limitations applies because the defendant's duty to repair existed at common law and the liability is not one created by statute. (Cf. Lorberblatt v. Gerst, 10 N.Y.2d 244; Rogers v. Frooks, 10 N.Y.2d 911; De Clara v. Barber S.S. Lines, 309 N.Y. 620.) No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.