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McDERMOTT v. CITY OF ALBANY

309 A.D.2d 1004 (2003)

765 N.Y.S.2d 903

JOHN F. McDERMOTT, Individually and Doing Business as JEM, INC., Appellant, v. CITY OF ALBANY et al., Respondents.

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

Decided October 23, 2003.

Carpinello, J.

In 1984, plaintiff purchased a 5.1-acre, undeveloped parcel in the City of Albany. The property was located in a part of the City that, at the time, had inadequate storm-water drainage, causing regular sewer overflows throughout the neighborhood. In response to the resulting health and safety concerns, defendants undertook the Buckingham Drive Storm Water Separation Project to divert storm water out of the...

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