BALL v. STATE


134 A.D.2d 827 (1987)

Chester Ball, Appellant, v. State of New York, Respondent. (Appeal No. 1.) (Claim No. 63626.)

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

November 10, 1987


Judgment unanimously affirmed without costs.

Memorandum:

Claimants, 24 owners of property damaged during a flood which occurred on August 7, 1979, appeal from judgments dismissing their claims after a trial on liability. The claims allege that the State's negligent design of the Water Street Bridge over Canadaway Creek in Fredonia caused the flooding of their property or contributed to its severity. The flooding occurred during an intense rainstorm when debris...

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