Theofilatos v. Koleci

Appeal from an order of the County Court of Albany County (Clyne, J.), entered December 14, 1983, which affirmed the judgment of the City Court of the City of Albany in favor of defendant.

Plaintiff and defendant are homeowners on adjacent lots in the City of Albany. Plaintiff commenced this action for damages alleging that the deterioration of a retaining wall, which is located on defendant’s property and separates the two lots, caused water to collect on plaintiff’s property and eventually damaged her basement as the water seeped into it. Plaintiff asserted causes of action in nuisance…