Town of Oyster Bay v. Lizza Industries, Inc., Respondent Town of Oyster Bay v. J.D. Posillico, Inc., Respondents…

Summary

The New York Court of Appeals affirmed the Appellate Division orders dismissing ten actions as time‑barred, holding that the six‑year contract limitations period began at completion of the sewer construction and that the alleged continuing public nuisance did not create successive causes of action. The Court also affirmed that a three‑year property‑damage limitations period applied to any independent tort claim. Justice Smith, in a concurring opinion, argued that the actions should be analyzed under tort law rather than contract law.