Briga v. Town of Binghamton
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtRose, J.
Appeal from an order of the Supreme Court (Lebous, J.), entered March 28, 2003 in Broome County, which granted defendant’s motion for summary judgment dismissing the complaint.
Elaintiff commenced this action alleging that on May 19, 2000, defendant’s failure to properly inspect and maintain its sanitary sewer system caused a backup of raw sewage and property damage in plaintiffs home. Finding no issue of fact, Supreme Court granted defendant’s motion for summary judgment and dismissed the complaint, prompting this appeal by plaintiff.
In support of its motion for summary judgment, defendant…
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