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SCHWINGHAMMER v. SULLIVAN WEST CENTRAL SCHOOL DISTRICT

2 A.D.3d 1126 (2003)

768 N.Y.S.2d 696

WILLIAM SCHWINGHAMMER, Respondent, v. SULLIVAN WEST CENTRAL SCHOOL DISTRICT et al., Appellants.

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

December 18, 2003.

Cardona, P.J.

Plaintiff is the owner of real property in the Town of Freemont, Sullivan County, located adjacent to property owned by defendant Sullivan West Central School District. In the summer of 2001, he noticed a broken sewer pipe on the District's property discharging raw sewage into a creek that ran across his property. On April 5, 2002, plaintiff filed a notice of claim against the District alleging property damage and negligence due to that discharge. Shortly...

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