BLAKE v. TOWN OF GREENVILLE


280 A.D.2d 571 (2001)

720 N.Y.S.2d 795

LINDA BLAKE, Appellant, v. TOWN OF GREENVILLE, Respondent, et al., Defendants.

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

Decided February 20, 2001.


Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint insofar as asserted against the Town of Greenville is reinstated.

The Supreme Court erred in awarding summary judgment to the defendant Town of Greenville on the ground that its conduct was not a substantial cause of the contamination to the plaintiff's well water. The Town failed to make a prima facie showing that the chloride contamination was not substantially caused...

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