The IAS court properly dismissed this action on the ground that it was not commenced within two years after defendant's building was issued a certificate of occupancy (RPAPL 2001). RPAPL 2001 governs actions, such as this, to enforce negative easements restricting use of land with respect to structures that may be erected thereon, and, in that limited context, effectively, albeit not expressly, overrides the common-law doctrine of continuous trespass (see Rep of Law...
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