New York Court of Appeals
Eric C. Jensen, Respondents v. General Electric Company, Appellants
October 21, 199382 N.Y.2d 77
Summary
The Court held that CPLR 214‑c(2) applies to actions for damages based on continuing trespass and nuisance, rendering those claims time‑barred, but it does not preclude injunctive equitable relief; the order of the Appellate Division was modified, the damages claims dismissed, and the case remitted for further proceedings. Justice Hancock, Jr., dissenting, argued that the statute does not apply to continuing wrongs and that the majority’s construction improperly limits common‑law rights and equity jurisdiction.