St. Anthony Hall of N.Y. Inc. v. Barnard Coll.

Each Occurrence of Ongoing Property Damage Gives Rise to Separate Claim for Damages

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The following e-filed documents, listed by NYSCEF document number (Motion 002) 12, 13, 14, 15, 16, 17, 18, 20, 21, 22, 23 were read on this motion to/for DISMISSAL. DECISION + ORDER ON MOTION In this action for trespass and nuisance, defendant Barnard College (“Defendant”) moves to dismiss the Complaint as time-barred pursuant to CPLR 3211(a)(5) and §214. Plaintiff St. Anthony Hall of New York Inc. (“Plaintiff”) opposes the motion. This action arises out of alleged water infiltration onto Plaintiff’s property from Defendant’s property. According to the Complaint, Plaintiff owns the parcel at 434 Riverside Drive, New York, New York (“the St. Anthony Parcel”) and the building located thereon (“the St. Anthony Building”). Defendant owns an abutting parcel located at 620 West 116th Street (“the Barnard Parcel”) and the building located thereon (“the Barnard Building”). Plaintiff alleges that the two parcels abutted each other at all relevant times, with the easterly property line of the St. Anthony Parcel adjoining the southerly portion of the Barnard Parcel’s westerly property line. The ground level of the St. Anthony Parcel is lower than that of the Barnard Parcel. According to the Complaint, the Barnard Building was constructed in or around 1920 and was subsequently used as a dormitory. Plaintiff alleges that the Barnard Building has had a concrete deck at its rear such that it abutted the St. Anthony Parcel at an elevation above the St. Anthony Parcel’s ground level. Furthermore, Plaintiff maintains that the Barnard Building has had a water drainpipe system since the time of its construction and that the system evacuated water from the roof and concrete deck of the Barnard Building, “away from the St. Anthony Parcel” (NYSCEF Doc. No. 14, Complaint 11). However, the concrete deck has “deteriorated, developed major cracks, and buckled” due to Defendant’s alleged failure to maintain the water drainpipe system in the Barnard Building such that there is now a “several-inch-wide channel” on the southerly border of the concrete deck (id.

St. Anthony Hall of N.Y. Inc. v. Barnard Coll.

Each Occurrence of Ongoing Property Damage Gives Rise to Separate Claim for Damages

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