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BARSH v. TOWN OF UNION

126 A.D.2d 311 (1987)

Robert J. Barsh et al., Respondents, v. Town of Union, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 2, 1987

Attorney(s) appearing for the Case

Levene, Gouldin & Thompson (Michael R. Wright of counsel), for appellant.

Kenneth P. Helisek for respondents.

MAIN, J. P., CASEY, WEISS and HARVEY, JJ., concur.

MIKOLL, J.

Plaintiffs commenced this action on or about June 12, 1985 to recover money damages against defendant for injuries to their property arising when an underground sewer line owned by defendant backed up into the basement of their home. Defendant moved for dismissal of the complaint pursuant to CPLR 3211 (a) (7) or, in the alternative, for summary judgment pursuant to CPLR 3212, based on plaintiffs'...

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