Legal Opinion
Barsh v. Town of Union
Appellate Division of the Supreme Court of the State of New York
Decided April 2, 1987PublishedCited by 11 opinions
1Opinion of the Court
OPINION OF THE COURT
Mikoll, J.
Plaintiffs commenced this action on or about June 12, 1985 to recover money damages against defendant for injuries to their property arising when an underground sewer line owned by defendant backed up into the basement of their home. Defendant moved for dismissal of the complaint pursuant to CPLR 3211 (a) (7) or, in the alternative, for summary judgment pursuant to CPLR 3212, based on plaintiffs’ failure to comply with Local Laws, 1975, No. 2 of the Town of Union (hereinafter Local Law No. 2) requiring service of a written notice of defect on defendant as a…
2Cases cited5 opinions
- Rotuba Extruders, Inc. v. CepposNew York Court of Appeals · 1978
- Doremus v. Incorporated Village of LynbrookNew York Court of Appeals · 1966
- Klimek v. Town of GhentAppellate Division of the Supreme Court of the State of New York · 1979
- Zumbo v. Town of FarmingtonAppellate Division of the Supreme Court of the State of New York · 1978
- Amsterdam Brush Corp. v. City of AmsterdamAppellate Division of the Supreme Court of the State of New York · 1984
3Cited by11 opinions
- Walker v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 1993
- Blanc v. City of KingstonAppellate Division of the Supreme Court of the State of New York · 2009
- Windsor Court Associates, LP v. Village of New PaltzAppellate Division of the Supreme Court of the State of New York · 2006
- Lawrence v. Town of East FishkillAppellate Division of the Supreme Court of the State of New York · 1990
- 461 Broadway, LLC v. Village of MonticelloAppellate Division of the Supreme Court of the State of New York · 2016
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