Legal Opinion
Town of Fort Ann v. Liberty Mutual Insurance Company
Appellate Division of the Supreme Court of the State of New York
Decided March 10, 2016No. 521172PublishedCited by 3 opinions
1Opinion of the Court
McCarthy, J.P.
Appeal from an order of the Supreme Court (Krogmann, J.), entered January 6, 2015 in Washington County, which granted defendant’s motion to dismiss the amended complaint.
The underlying facts related to this litigation are more fully addressed in previous decisions by this court (Hosmer v Kubricky Constr. Corp., 88 AD3d 1234 [2011], lv dismissed 19 NY3d 839 [2012]; Town of Fort Ann v Liberty Mut. Ins. Co., 69 AD3d 1261 [2010]; Alaimo v Town of Fort Ann, 63 AD3d 1481 [2009]). Plaintiff is the owner of a pond within which a dam failed, causing flooding. Defendant had issued an…
2Cases cited7 opinions
- Conason v. Megan Holding, LLCNew York Court of Appeals · 2015
- In re DunnNew York Court of Appeals · 2015
- Alaimo v. Town of Fort AnnAppellate Division of the Supreme Court of the State of New York · 2009
- Hosmer v. Kubricky Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- Town of Fort Ann v. Liberty Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2010
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3Cited by3 opinions
- In re the Acquisition of Real Property by the StateAppellate Division of the Supreme Court of the State of New York · 2017
- In re the Acquisition of Real Property by the StateAppellate Division of the Supreme Court of the State of New York · 2017
- Lu v. GambaAppellate Division of the Supreme Court of the State of New York · 2018