Legal Opinion

Demasi v. Dutchess County Department of Public Works

Appellate Division of the Supreme Court of the State of New York

Decided December 5, 2012Published

1Opinion of the Court

General Municipal Law § 50-i requires that an action against a municipality to recover damages for personal injury or injury to property be commenced within one year and 90 days after “the happening of the event upon which the claim is based.” Here, the plaintiff alleged, inter alia, that the construction and installation of a drainage system, completed pursuant to a work permit issued by the Dutchess County Department of Public Works, caused water and pollutants to be diverted onto his property. The plaintiff made no allegation of negligent maintenance, as he did not allege that the…

2Cases cited7 opinions

  1. Klein v. City of YonkersNew York Court of Appeals · 1981
  2. Nebbia v. County of MonroeAppellate Division of the Supreme Court of the State of New York · 1983
  3. Johnson v. MarianettiAppellate Division of the Supreme Court of the State of New York · 1994
  4. Pleasant Ridge Townhouses Homeowners' Ass'n v. T & D Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1992
  5. Liston v. Town of NewburghAppellate Division of the Supreme Court of the State of New York · 2011

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