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NORWOOD v. CITY OF N. Y.

95 Misc.2d 55 (1978)

Delema M. Norwood, Plaintiff, v. City of New York, Defendant.

Civil Court of the City of New York, Queens County.

June 21, 1978

Attorney(s) appearing for the Case

Joseph J. Longo for plaintiff. William Gilman for defendant.

CHARLES H. COHEN, J.

Is a municipality, which plants an oak tree over a sewer line leading to the home of the landowner, liable to the landowner when the roots of the tree some 25 years later damage the sewer line?

Based upon the evidence presented in the form of testimony by the plaintiff landowner and by a plumbing contractor specializing in subsurface construction who was familiar with the problem...

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