Legal Opinion
Windsor Court Associates, LP v. Village of New Paltz
Appellate Division of the Supreme Court of the State of New York
Decided March 2, 2006PublishedCited by 5 opinions
1Opinion of the Court
Crew III, J.P.
Appeal from an order of the Supreme Court (McCarthy, J.), entered June 13, 2005 in Ulster County, which, inter alia, granted defendant’s cross motion for summary judgment dismissing the complaint.
On two occasions in August and September 2003, a storm sewer owned and maintained by defendant overflowed and flooded the ground-level apartments in a number of buildings owned by plaintiff. As a consequence, plaintiff served a notice of claim and thereafter commenced the instant action alleging negligent construction, design, maintenance and repair of the sewer system by defendant.…
2Cases cited4 opinions
- Amabile v. City of BuffaloNew York Court of Appeals · 1999
- Doremus v. Incorporated Village of LynbrookNew York Court of Appeals · 1966
- Barsh v. Town of UnionAppellate Division of the Supreme Court of the State of New York · 1987
- McKinnis v. City of SchenectadyAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by5 opinions
- Selca v. City of PeekskillAppellate Division of the Supreme Court of the State of New York · 2010
- Blanc v. City of KingstonAppellate Division of the Supreme Court of the State of New York · 2009
- Sobotka v. ZimmermanAppellate Division of the Supreme Court of the State of New York · 2008
- 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