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HEINRICHS v. CITY OF ALBANY

239 A.D.2d 639 (1997)

656 N.Y.S.2d 569

David J. Heinrichs et al., Appellants, v. City of Albany, Respondent

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

May 1, 1997

Peters, J.

Plaintiffs sustained damage to their home at 156 South Allen Street in the City of Albany after a storm sewer backed up into their basement. Plaintiffs filed a timely notice of claim and subsequently commenced an action alleging that defendant was negligent in failing to properly clean and maintain the storm sewer. The summons and complaint were personally served on defendant's Corporation Counsel...

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