Legal Opinion
Delcamp v. Village of Brocton
Appellate Division of the Supreme Court of the State of New York
Decided March 29, 2000PublishedCited by 4 opinions
1Opinion of the Court
—Order insofar as appealed from unanimously reversed on the law without costs, fourth ordering paragraph vacated, motion granted and complaint dismissed. Memorandum: During a severe rainstorm the basement of plaintiffs’ residence was flooded, allegedly due to the obstruction of a culvert by a log. Plaintiffs commenced this action against defendant, Village of Brocton (Village), alleging that its highway superintendent negligently failed to remove the log from the culvert in time to prevent the flooding of plaintiffs’ premises. The Village moved to dismiss the complaint for failure to state a…
2Cases cited11 opinions
- Motyka v. City of AmsterdamNew York Court of Appeals · 1965
- O'Connor v. City of New YorkNew York Court of Appeals · 1983
- Helman v. County of WarrenAppellate Division of the Supreme Court of the State of New York · 1985
- Helman v. County of WarrenNew York Court of Appeals · 1986
- Cipriano v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1983
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3Cited by4 opinions
- American Insurance v. City of JamestownDistrict Court, W.D. New York · 2012
- Silva v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
- Silva v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004
- Rile v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 2008