Biernacki v. Village of Ravena
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMercure, J.
Appeal from an order of the Supreme Court (Teresi, J.), entered January 16, 1997 in Albany County, which denied defendant’s motion for summary judgment dismissing the complaint.
Plaintiffs, the owners of an apartment building in the Village of Ravena, Albany County, brought this action to recover for damages allegedly sustained as the result of defendant’s negligent design, construction, maintenance or repair of its sanitary and storm sewer system, causing an overflow of “its filthy and noxious contents into plaintiffs’ basement” during periods of severe and protracted rain. Following joinder…
2Cases cited7 opinions
- Seifert v. . City of BrooklynNew York Court of Appeals · 1886
- Johnston v. District of ColumbiaSupreme Court of the United States · 1886
- O'Donnell v. . City of SyracuseNew York Court of Appeals · 1906
- Smith v. Mayor of New YorkNew York Court of Appeals · 1876
- Beck v. City of New YorkNew York Supreme Court · 1960
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