National Fuel Gas Distribution Corp. v. Erie County Water Authority

*1232Memorandum: Plaintiff commenced this action seeking damages resulting from a break in defendant’s water main, which caused water to infiltrate plaintiffs nearby gas line. Following a bifurcated nonjury trial on the issue of liability, Supreme Court concluded that defendant was negligent and that it was liable for plaintiffs damages caused by the leak. We affirm. We note at the outset that the interlocutory judgment from which defendant’s appeal was taken was subsumed in the final judgment, from which no appeal was taken. Nevertheless, we exercise our discretion to treat the notice of appeal…