Kimball Brooklands Corp. v. County of Westchester

In an action to recover damages for negligence, gross negligence, trespass, and nuisance, the plaintiff appeals from an order of the Supreme Court, Westchester County (Smith, J.), dated September 25, 2014, which granted the defendant’s motion for summary judgment dismissing the complaint and denied its cross motion for summary judgment on the issue of liability.

Ordered that the order is affirmed, with costs.

As a result of Hurricane Irene, on August 28, 2011, the Grassy Sprain Brook, a tributary of the Bronx River, flooded and overflowed onto the plaintiff’s property. Thereafter, the plaintiff…