In Bloomingdales, Inc. v. New York City Tr. Auth. , Bloomingdales sued the New York City Transit Authority (NYCTA) to recover $165,000 the store incurred replacing a drainpipe.
In 1999, during the course of an excavation project, an independent contractor working for NYCTA mistook a drainpipe that ran down the store's roof for a dead water main, cut the pipe, and installed a conduit encased in concrete. Shortly thereafter, Bloomies began to experience flooding in its space.
Some three years later, Bloomies discovered the cause of the problem, installed a new drainpipe, and sued NYCTA claiming negligence, trespass and nuisance.
The New York County Supreme Court ended up dismissing the case because Bloomies' had waited too long to file its claim. (By law, the company had only one year and ninety days to bring a case.)
On appeal, the Appellate Division, First Department, and the New York State Court of Appeals were both of the view two separate "wrongful" acts had occurred: the cutting of the drain pipe and the installation of the conduit. While the store may have missed the deadline as far as the cutting was concerned, our appellate courts thought the installation of the conduit comprised a "continuous trespass" which remained actionable.
The City sure got a scrap-full there.
To view a copy of the Court of Appeals's decision, please use this link: Bloomingdales, Inc. v. New York City Tr. Auth.