New York Court of Appeals

509 Sixth Avenue Corp. v. New York City Transit Authority

December 3, 196415 N.Y.2d 48

Summary

The New York Court of Appeals reversed the Appellate Division's dismissal, holding that the three‑year statute of limitations for injury to real property does not bar a claim arising from an underground trespass because such trespass is a continuous invasion that gives rise to successive causes of action. The court remanded the case for further proceedings consistent with this ruling.