Opinion
10-29-2015
John KEHAGIAS, et al., Plaintiffs–Respondents, v. WALDO AVENUE BUILDING, et al., Defendants–Appellants.
Carrol, McNulty & Kull L.L.C., New York (Frank J. Wenick of counsel), for appellants. Law Offices of Peter J. Koulikourdis, Bronx (Peter J. Koulikourdis of counsel), for respondents.
Carrol, McNulty & Kull L.L.C., New York (Frank J. Wenick of counsel), for appellants.
Law Offices of Peter J. Koulikourdis, Bronx (Peter J. Koulikourdis of counsel), for respondents.
Opinion Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about March 19, 2014, which denied defendants' motion to dismiss as time-barred plaintiffs' claims arising prior to August 18, 2007, unanimously reversed, on the law, without costs, and the motion granted.
Although plaintiffs' causes of action—alleging that a defective catch basin located on defendants' property caused flooding on their property—first accrued in 2006 when the damage became visible and apparent to plaintiff (see Public Serv. Mut. Ins. Co. v. 341–347 Broadway, LLC, 96 A.D.3d 473, 473–474, 946 N.Y.S.2d 149 [1st Dept.2012] ), the flooding nevertheless constituted a “continuous wrong” that gave rise to successive causes of action that accrued each time the wrong was committed (Town of Oyster Bay v. Lizza Indus., Inc., 22 N.Y.3d 1024, 1031, 981 N.Y.S.2d 643, 4 N.E.3d 944 [2013] ; see also Congregation B'nai Jehuda v. Hiyee Realty Corp., 35 A.D.3d 311, 313, 827 N.Y.S.2d 42 [1st Dept.2006] ). Accordingly, to the extent plaintiffs claim damages for flooding that occurred before August 18, 2007 (three years prior to the filing of the complaint), those claims are time-barred (see Lucchesi v. Perfetto, 72 A.D.3d 909, 912, 899 N.Y.S.2d 341 [2d Dept.2010] ; see also CPLR 214[4] ).
MAZZARELLI, J.P., ACOSTA, SAXE, RICHTER, JJ., concur.