SCARZFAVA v. CITY OF NEWBURGH


255 A.D.2d 436 (1998)

680 N.Y.S.2d 595

Frank L. Scarzfava, Respondent, v. City of Newburgh, Appellant

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

November 16, 1998


Ordered that the judgment is reversed, on the law, with costs, the order dated July 15, 1997, is vacated, the motion is granted, and the complaint is dismissed.

The Supreme Court erred in denying the defendant's motion to dismiss the complaint. The record establishes that "the happening of the event upon which the claim [was] based" (General Municipal Law § 50-i [1]) was the City's alleged negligent failure to supervise the installation of a sewer line by the...

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