Sova v. Glasier – Case Brief Summary (New York)

In Sova v. Glasier, 192 AD2d 1069, 1070, 596 N.Y.S.2d 228 (1993), the defendant constructed a garage near an adjoining parcel of land owned by plaintiff.

An overhanging eave on the roof of the garage encroached onto plaintiff's property a distance of either .08 inches or eight inches (the record was unclear), and thereby created a storm water drainage problem on plaintiff's property.

More than one year after the completion of the garage, the plaintiff commenced an action alleging causes of action sounding in, among other things, private nuisance and trespass.

The Appellate Division, Fourth Department, determined that if it was ultimately determined that the encroachment was only .08 inches, plaintiffs' trespass claim would be time-barred under RPAPL 611 (2) since the defendant would have a prescriptive easement over the plaintiff's property (see Sova, 192 AD2d at 1069).