Bloomingdales, Inc. v. New York City Transit Authority, 13 N.Y.3d 65 (2009)
When a trespass or nuisance is continuous, resulting in successive causes of action, the statute of limitations does not begin to run from the initial act but accrues as long as the trespass or nuisance persists, until it ripens into a prescriptive right.
Summary
Bloomingdales sued the New York City Transit Authority (NYCTA) for trespass and nuisance after a contractor, Janus Industries, cut Bloomingdales’ drainpipe during excavation and installed a conduit in its place, causing flooding. The NYCTA argued the suit was time-barred under Public Authorities Law § 1212 and General Municipal Law § 50-i, as it was filed more than one year and 90 days after the drainpipe was severed. The Court of Appeals held that the placement of the conduit constituted a continuing trespass and nuisance, meaning the statute of limitations had not yet run, as the damages stemmed from the ongoing encroachment, not solely from the initial severance of the pipe.
Facts
In September 1999, Janus Industries, working on a NYCTA project, cut Bloomingdales’ drainpipe, mistakenly believing it to be a “dead” water main. Janus installed a concrete-encased conduit in its place. Bloomingdales experienced flooding and, in February 2002, discovered the cut drainpipe and the conduit. Bloomingdales then installed a new drainpipe above the conduit at a cost exceeding $165,000.
Procedural History
Bloomingdales sued the NYCTA in January 2003, alleging negligence, trespass, and nuisance. The Supreme Court granted summary judgment to the NYCTA and third-party defendants, dismissing the complaint based on the statute of limitations. The Appellate Division reversed, reinstating the trespass and nuisance claims, holding it was a continuing tort. The NYCTA appealed, and the Appellate Division certified the question of whether its order was properly made to the Court of Appeals.
Issue(s)
Whether the placement of a concrete conduit in place of a severed drainpipe constitutes a continuing trespass and nuisance, such that the statute of limitations for those claims begins to run from the cessation of the encroachment, rather than the initial act of severing the pipe?
Holding
Yes, because the placement of the concrete conduit interfering with Bloomingdales’ access to its drainpipe constitutes a continuous trespass and nuisance, giving rise to successive causes of action for which the statute of limitations had not yet run.
Court’s Reasoning
The Court of Appeals reasoned that while Public Authorities Law § 1212 (2) and General Municipal Law § 50-i require actions for property damage to be commenced within one year and 90 days after the event, this period does not apply to continuous trespasses or nuisances. Citing 509 Sixth Ave. Corp. v New York City Tr. Auth., the Court emphasized that a trespass that unlawfully encroaches on a plaintiff’s property is considered a continuous trespass, giving rise to successive causes of action. The statute of limitations only bars suits after the time required to create an easement by prescription or change of title. Here, the conduit’s presence interfered with Bloomingdales’ access to its drainpipe and the city sewer, forcing the installation of a new pipe. The Court stated that “[t]hus, for purposes of the statute of limitations, suits will only be time-barred by the expiration of such time as would create an easement by prescription or change of title by operation of law.” The Court found the actual damages arose from the need to install a new drainpipe in a different location due to the conduit. The Court considered the nuisance claim another way of characterizing the trespass, subject to the same statute of limitations analysis. Thus, the Appellate Division’s order was affirmed.