Legal Opinion
Brandenburg v. County of Rockland Sewer Dist. 1, State of N.Y.
Appellate Division of the Supreme Court of the State of New York
Decided April 1, 2015No. 2014-01306PublishedCited by 5 opinions
1Opinion of the Court
In an action to recover damages for injury to real property, the defendant Town of Clarkstown, State of New York, appeals from an order of the Supreme Court, Rockland County (Berliner, J.), dated November 14, 2013, which denied its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.
Ordered that the order is affirmed, with costs.
A municipality is immune from liability “arising out of claims that it negligently designed [a] sewerage system” (Tappan Wire & Cable, Inc. v County of Rockland, 7 AD3d 781, 782 [2004]; see Fireman’s Fund Ins. Co. v…
2Cases cited7 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- De Witt Properties, Inc. v. City of New YorkNew York Court of Appeals · 1978
- Tappan Wire & Cable, Inc. v. County of RocklandAppellate Division of the Supreme Court of the State of New York · 2004
- Azizi v. Village of Crotonon-HudsonAppellate Division of the Supreme Court of the State of New York · 2010
- Fireman's Fund Insurance v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2009
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3Cited by5 opinions
- New York State Electric & Gas Corporation v. County of ChemungAppellate Division of the Supreme Court of the State of New York · 2016
- 461 Broadway, LLC v. Village of MonticelloAppellate Division of the Supreme Court of the State of New York · 2016
- 461 Broadway, LLC v. Village of MonticelloAppellate Division of the Supreme Court of the State of New York · 2016
- Greene v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2024
- Tali Plaza of Nyack, LLC v. Village of NyackAppellate Division of the Supreme Court of the State of New York · 2016