Village of Lindenhurst v Lizza Indus., Inc.

Village of Lindenhurst v Lizza Indus., Inc. 2012 NY Slip Op 03180 Decided on April 24, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on April 24, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
MARK C. DILLON
DANIEL D. ANGIOLILLO
JOHN M. LEVENTHAL, JJ.
2011-09616
(Index No. 25974/09)

[*1]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.


DECISION & ORDER

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. (AD3d[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.

ENTER:

Aprilanne Agostino [*2]

Clerk of the Court