From Casetext: Smarter Legal Research

Vill. of Lindenhurst v. Lizza Indus., Inc.

Supreme Court, Appellate Division, Second Department, New York.
Apr 24, 2012
94 A.D.3d 1102 (N.Y. App. Div. 2012)

Opinion

2012-04-24

VILLAGE OF LINDENHURST, 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, Suffolk County (Pitts, J.), dated September 28, 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 Suffolk County, the defendant completed certain sewer construction work in 1976, 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.

RIVERA, J.P., DILLON, ANGIOLILLO and LEVENTHAL, JJ., concur.


Summaries of

Vill. of Lindenhurst v. Lizza Indus., Inc.

Supreme Court, Appellate Division, Second Department, New York.
Apr 24, 2012
94 A.D.3d 1102 (N.Y. App. Div. 2012)
Case details for

Vill. of Lindenhurst v. Lizza Indus., Inc.

Case Details

Full title:VILLAGE OF LINDENHURST, appellant, v. LIZZA INDUSTRIES, INC., respondent.

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Apr 24, 2012

Citations

94 A.D.3d 1102 (N.Y. App. Div. 2012)
942 N.Y.S.2d 809
2012 N.Y. Slip Op. 3180

Citing Cases

Town of Oyster Bay v. Lizza Indus., Inc.

The court also rejected the Village's argument that "the conduct giving rise to the alleged nuisance is…

Town of Oyster Bay v. Lizza Indus., Inc.

The court also rejected the Village's argument that “the conduct giving rise to the alleged nuisance is…