Pilatich v. Town of New Baltimore

APPELLATE DIVISION
THIRD DEPARTMENT
Torts

New York Law Journal

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Justice Michael Kavanagh

Pilatich appealed from an order granting Hamilton defendants summary judgment dismissing the complaint against them. He owns property on Jennings Road on which he operates a farm in the Town of New Baltimore. Defendants constructed a stone wall, and later iron pipes on their property running along Jennings Road. Pilatch argued that coupled with these installations and the Town adding "new paving and road material" on his side of the road caused the roadway to "shift" toward his property such that large trucks were no longer able to access the driveway leading to his farm. He claimed the rock wall and pipes constituted a private nuisance that substantially interfered with his use and enjoyment of his property. The Supreme Court granted defendants' motion for summary judgment ruling Pilatich's claims were time-barred. This court disagreed concluding the actions premised on a continuing nuisance involved a continuous wrong giving rise to successive causes of action accruing every time a wrong was committed. Thus, Pilatich's claim or damages for the three-year period immediately prior to commencement of this action was not untimely. Also, as defendants' motion was made before issue was joined, summary judgment dismissal was inappropriate and reversed.

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