LOCKMAN v. TOWN OF SOUTHOLD

Defendants are awarded one bill of costs.

Plaintiffs allege that on January 5, 1979, a jetty constructed in 1964 caused serious damage and erosion to real property formerly owned by them, by blocking the littoral drift of sand along the shore and depriving the beach and waterfront lands of natural sand replenishment. Upon review of the record, we find that any alleged erosion began far in advance of January 5, 1979, and thus plaintiffs' notices of claim, served on March 5, 1979, were untimely (General Municipal Law § 50-e [a]). Plaintiffs' cause of action, if any, accrued upon the wrongful invasion of their property rights by erosion ( Manno v Levi, 94 A.D.2d 556, 566, affd 62 N.Y.2d 888, cert denied sub nom. Fleishman v Lilly Co., ___ US ___, 105 S Ct 967), and there is no continuing nuisance merely because of consequential damages which may have occurred subsequently ( Macrose Realty Corp. v City of New York, 49 A.D.2d 847). Titone, J.P., O'Connor, Lawrence and Eiber, JJ., concur.