Livichusca v. M & T Mortgage Co.

*823In March 2001 the plaintiff acquired the premises known as 3152 Fulton Street in Brooklyn. Between January 23, 2003 and March 9, 2005, the appellant owned the adjoining parcel of real property known as 3154 Fulton Street.

On April 18, 2006 the plaintiff commenced this action against, among others, the appellant, alleging a negligence cause of action for damage to property. The plaintiffs complaint alleged that “commencing in 2001 and continuing thereafter,” the owners of the building located at 3154 Fulton Street, including the appellant, failed to clean the gutters which caused an…