Heinrichs v. City of Albany

Plaintiffs sustained damage to their home at 156 South Allen Street in the City of Albany after a storm sewer backed up into their basement. Plaintiffs filed a timely notice of claim and subsequently commenced an action alleging that defendant was negligent in failing to properly clean and maintain the storm sewer. The summons and complaint were personally *640served on defendant’s Corporation Counsel on June 21, 1996. When defendant failed to answer or appear in the matter within 20 days (see, CPLR 3012 [a]), plaintiffs moved for a default judgment on the issue of liability and sought an inquest…