Oneida County Mobile Home Sales, Inc. v. Niagara Mohawk Power Corp., 47 N.Y.2d 954 (1979)
An action to recover damages for breach of a negative easement, including an action predicated on infringement of an easement, is subject to the two-year statute of limitations under Real Property Actions and Proceedings Law § 2001(2) relating to restrictions on the use of land.
Summary
This case concerns a dispute over the placement of mobile homes under Niagara Mohawk’s power lines and whether this constituted interference with Niagara Mohawk’s easements. The Court of Appeals addressed whether the counterclaim by Niagara Mohawk was subject to the statute of limitations under the Real Property Actions and Proceedings Law. The court held that the counterclaim, seeking damages for interference with a negative easement, was indeed subject to the two-year limitations period. However, the court found there was a remaining issue of fact regarding when the mobile homes were placed under the power lines, precluding summary judgment.
Facts
Niagara Mohawk held easements for its power lines. Oneida County Mobile Home Sales, Inc. placed mobile homes under these power lines. Niagara Mohawk filed a counterclaim alleging that the placement of mobile homes interfered with its easements and sought damages.
Procedural History
The Supreme Court granted summary judgment dismissing Niagara Mohawk’s counterclaim. The Appellate Division reversed in part, agreeing that the counterclaim sought damages for interference with a negative easement. The case then reached the Court of Appeals.
Issue(s)
Whether Niagara Mohawk’s counterclaim for damages due to interference with its easements is subject to the statute of limitations provided in Real Property Actions and Proceedings Law § 2001(2)?
Holding
Yes, because subdivision 1 of section 2001 of the Real Property Actions and Proceedings Law applies “to actions to enforce a covenant or agreement restricting the use of land or to recover damages for breach thereof, including an action predicated on infringement of an easement or other interest created by the covenant or agreement, to the extent that the restriction relates to structures that may be erected”.
Court’s Reasoning
The Court of Appeals agreed with the Appellate Division that Niagara Mohawk’s counterclaim sought damages for interference with a negative easement by implication. The court emphasized that RPAPL § 2001(1) explicitly applies to actions enforcing covenants or agreements restricting land use, including actions predicated on easement infringements, especially those related to structures erected on the land. Therefore, the counterclaim fell under the purview of RPAPL § 2001(2), which prescribes a two-year statute of limitations. However, the court found an unresolved issue of fact: when were the mobile homes placed under the power lines? This was crucial for determining whether the counterclaim was filed within the two-year limitations period. The court criticized the reliance on conclusory attorneys’ affidavits, deeming them insufficient to resolve this factual issue in a motion for summary judgment. The court stated it expressed no opinion on whether the placement of the mobile homes actually interfered with the easements or whether Niagara Mohawk was entitled to recover on its counterclaim, focusing solely on the statute of limitations issue. This case highlights the importance of establishing the timeline of events and the need for concrete evidence, rather than relying on attorney assertions when dealing with statute of limitations defenses. It clarifies that actions for interference with negative easements are subject to specific statutory limitations periods. The court remanded the case for further proceedings to resolve the factual question regarding the timing of the mobile home placement.