BALNYS v. TOWN OF NEW BALTIMORE


160 A.D.2d 1136 (1990)

Vito A. Balnys et al., Respondents, v. Town of New Baltimore, Appellant, et al., Respondent

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

April 19, 1990


Mercure, J.

Plaintiffs commenced this action against defendants, the Town of New Baltimore and the County of Greene, to recover for property damage alleged to have been caused by the buildup of water behind a blocked culvert. Following joinder of issue, service of a bill of particulars and considerable discovery, the town moved for summary judgment dismissing the complaint against it upon the ground that "the subject property and culvert are owned and...

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