Conti v. City of Niagara Falls Water Board

*1634Memorandum: Plaintiffs commenced this action seeking to recover damages they sustained as the result of a sewage backup on their property, allegedly caused by defendant’s failure to maintain its sewer system in a proper manner. We conclude that Supreme Court erred in granting defendant’s motion for summary judgment dismissing the complaint on the ground that it did not have prior notice of a defective or dangerous condition in the sewer system.

Defendant failed to meet its initial burden of establishing “that it had no notice of a dangerous condition [and did not have] reason to believe that…