BIERNACKI v. VILL. OF RAVENA


245 A.D.2d 656 (1997)

664 N.Y.S.2d 682

Stanley A. Biernacki et al., Respondents, v. Village of Ravena, Appellant

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

December 4, 1997


Mercure, J.

Plaintiffs, the owners of an apartment building in the Village of Ravena, Albany County, brought this action to recover for damages allegedly sustained as the result of defendant's negligent design, construction, maintenance or repair of its sanitary and storm sewer system, causing an overflow of "its filthy and noxious contents into plaintiffs' basement" during periods of severe and protracted rain. Following joinder of issue and discovery...

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