Damages from Cut Drainage Pipe Deemed Ongoing Trespass

City contractors cut Bloomingdales’ drainage pipe thinking it was a dead line and installed a cement-encased conduit. After flooding in its basement, Bloomingdales commenced an action against the City and its contractor. Although actions against the City must be commenced within one year and ninety days, the Court of Appeals held that because the injury was not just the cutting of the pipe but the ongoing injury created by the conduit in preventing Bloomingdales access to the drainage pipe, the trespass claim was an ongoing claim and not time barred.