Legal Opinion
Bryant v. Damiano
Appellate Terms of the Supreme Court of New York
Decided January 8, 2009Published
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Judgment affirmed without costs.
Plaintiff commenced this small claims action, based on breach of contract, negligence and fraud, to recover $3,000 for water damage to her landscaping, patio and driveway resulting from defendant’s installation of an allegedly defective drainage system. At trial, plaintiff argued that although defendant completed the work 18 years before the action commenced, the critical defect, a capped drainpipe that should have been connected to the main drainage system, lay undetected for over 16 years and constituted a latent defect, thereby…
2Cases cited8 opinions
- Williams v. RoperAppellate Division of the Supreme Court of the State of New York · 2000
- Cabrini Medical Center v. DesinaNew York Court of Appeals · 1985
- Ruffing v. Union Carbide Corp.Appellate Division of the Supreme Court of the State of New York · 2003
- Middle Country Central School District v. J.F. O'Healy Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1996
- Georgiou v. Panayia of the Mountains Greek Orthodox Monastery, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
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