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NEMET v. BOSTON WATER & SEWER COMMISSION

No. 02-P-159.

56 Mass. App. Ct. 104 (2002)

TRACY NEMET & another v. BOSTON WATER AND SEWER COMMISSION & another.

Court of Appeals of Massachusetts, Suffolk.

September 26, 2002.

Attorney(s) appearing for the Case

Bonnie M. Gottschalk for Boston Water and Sewer Commission.

John J. Davis for town of Dedham.

Robert D. Cohan for the plaintiffs.

Present: LENK, DREBEN, & McHUGH, JJ.

LENK, J.

The plaintiffs, Tracy and Christine Nemet, moved into their Dedham home on May 16, 1997.3 From that time until the commencement of this action in 1999, the Nemets' residence was beset with serial flooding that caused significant damage to their real and personal property. The Nemets contend that the flooding was caused by the defendants' negligent failure to maintain a drain pipe that ran underneath the Nemets' backyard. That...

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