Opinion
2012-04-24
TOWN OF OYSTER BAY, appellant, v. LIZZA INDUSTRIES, INC., respondent.
Carman, Callahan & Ingham, LLP, Farmingdale, N.Y. (Michael F. Ingham of counsel), for appellant. Devitt Spellman Barrett, LLP, Smithtown, N.Y. (John M. Denby of counsel), for respondent.
Carman, Callahan & Ingham, LLP, Farmingdale, N.Y. (Michael F. Ingham of counsel), for appellant. Devitt Spellman Barrett, LLP, Smithtown, N.Y. (John M. Denby of counsel), for respondent.
In an action to recover damages for continuing public nuisance, the plaintiff appeals from an order of the Supreme Court, Nassau County (Lally, J.), entered February 4, 2011, which granted the defendant's motion for summary judgment dismissing the complaint as time-barred.
ORDERED that the order is affirmed, with costs.
The plaintiff alleges that, pursuant to a contract with Nassau County, the defendant completed certain sewer construction work in 1984, and that defects in the construction work constitute and contribute to a continuing public nuisance. The action is time-barred for the reasons stated in the companion case of Village of Lindenhurst v. J.D. Posillico, Inc., 94 A.D.3d 1101, –––N.Y.S.2d ––––, 2012 WL 1415133 [decided herewith].
The plaintiff's contentions relating to alleged statutory violations are not properly before this Court.