Waverly Village Apartments v. Town of Webster

Order unanimously reversed, with costs, and motion granted. Memorandum: On this appeal appellant alleges that its apartment complex has sustained damages to the extent of $300,000 because of hard and dirty water negligently supplied to it by respondent municipality. It originally filed a notice of claim with respondent on July 28, 1976 to recover $100,000 in damages. On December 27, 1976 it made a motion to Special Term to amend its notice of claim to allege additional items of damage and increase the amount to $300,000. Special Term denied the motion as premature since no action or…