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MERRITT v. CITY OF LONG BEACH

139 A.D.2d 574 (1988)

Richard Merritt, Appellant, v. City of Long Beach et al., Respondents

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

April 11, 1988

Ordered that the judgment is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The plaintiff Richard Merritt commenced the instant action against the three defendants after suffering damaging floods on his property on April 3, 1981, and May 14, 1981. These floods were apparently caused by sewer backup and the plaintiff's case against the city was based upon its failure to reasonably service and maintain the sewer...

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