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

• Decision Date: 24 April 2012
• Citation: 94 A.D.3d 1102,2012 N.Y. Slip Op. 03180,942 N.Y.S.2d 809
• Parties: VILLAGE OF LINDENHURST, appellant, v. LIZZA INDUSTRIES, INC., respondent.
• Court: New York Supreme Court — Appellate Division

2012 N.Y. Slip Op. 03180
94 A.D.3d 1102
942 N.Y.S.2d 809

VILLAGE OF LINDENHURST, appellant,
v.
LIZZA INDUSTRIES, INC., respondent.

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

April 24, 2012.

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.

[94 A.D.3d 1102] 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

[942 N.Y.S.2d 810]

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].

[94 A.D.3d 1103] The plaintiff's contentions relating to alleged statutory violations are not properly before this Court.

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