Linden Towers Cooperative 4, Inc. v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for injury to property, the plaintiff appeals from an order of the Supreme Court, Queens County (Weiss, J.), dated February 5, 1999, which granted the defendant’s motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The defendant established, prima facie, its entitlement to summary judgment. In response, the plaintiff failed to raise an issue of fact that the flooding that damaged its property was the result of the defendant’s negligence. Evidence of flooding caused by the backflow of a sewer system, standing…
2Cases cited2 opinions
- Smith v. Mayor of New YorkNew York Court of Appeals · 1876
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