Daniel Capruso v. Village of Kings Point, Appellants State of New York v. Village of Kings Point

Summary

The New York Court of Appeals affirmed the Appellate Division's order enjoining the Village of Kings Point from constructing a Department of Public Works facility and from continuing non‑park uses of the Western Corner of Kings Point Park. The court held that the statute of limitations does not bar the plaintiffs' claims because the proposed facility is not merely a continuation of prior use and because the continuing wrong doctrine tolls the limitations period for the ongoing intrusion. The court also held that the equitable defense of laches does not apply to the State's action or to claims based on a continuing wrong.