Watt v. County of Albany

Appeal from an order of the Supreme Court (McNamara, J.), entered October 23, 2014 in Albany County, which denied defendant’s motion for summary judgment.

In the summer of 2011, torrential rainfall caused by a hurricane overwhelmed a roadside drainage ditch owned and maintained by defendant. The overflow crossed over the surface of the crowned pavement of the roadway to the opposite side and ran down a slope toward plaintiffs’ home where it flooded the basement and damaged their real and personal property. Plaintiffs later commenced this action, alleging that the flooding and resulting…