Plaintiffs (Joseph Ubiles and Bernice Ubiles) and defendants (Ndingfarae Ngardingabe and Julie Camisuli) own adjoining properties on West 147th Street in Manhattan. Plaintiffs claimed that rain water and snow melt was flowing from defendants’ driveway into their property. Plaintiffs contended that, as a result of the runoff, the foundation and the walls of their home had been damaged. They contended that defendants caused the condition by impermissibly altering the water drainage system in defendants’ driveway and doing nothing to remediate the problem despite plaintiffs’ complaints.
Plaintiffs sued. Defendants moved to dismiss based on the statute of limitations and on plaintiffs’ failure to state a cause of action. Defendants claimed that the driveway was installed in 1989 when two lots (431 and 433 West 147th Street) were merged. Defendants argued that the driveway is pitched towards the street and was not causing damage to plaintiffs’ property. Defendants claimed that, in 2006, plaintiffs requested their permission to access defendants’ driveway to do pointing work and partial waterproofing on plaintiffs’ wall. Defendants contended that, by 2009, the work on plaintiffs’ wall was deteriorating and rendered the property vulnerable to damage from rain and snow.Continue reading