K&S Realty Co. v. City of New York

Interlocutory judgments (26 papers), Supreme Court, New York County (Alan Marin, J.), entered June 29, 2000, which, after a single, joint jury trial, found for the plaintiffs on the issue of liability, unanimously affirmed, without costs.

In 1990, a 48-inch water main broke at Fifth Avenue between 18th and 19th Streets. Plaintiffs are neighborhood landowners and tenants that allegedly sustained flood damage attributable to the break. Months before the break, the water main had been inspected by a crew that was equipped with, but did not use, ground microphones for detection of leaks by sound.…