ODELL v. TOWN OF RIVERHEAD, NEW YORK


305 A.D.2d 477 (2003)

758 N.Y.S.2d 829

BEVERLY B. ODELL et al., Appellants, v. TOWN OF RIVERHEAD, NEW YORK, Respondent.

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

Decided May 12, 2003.


Ordered that the order is affirmed, with costs.

The Supreme Court properly dismissed the plaintiffs' complaint in which the only remaining cause of action was a claim of negligent maintenance of a drainage system which clogged with corn stalks resulting in a flood of the plaintiffs' property in 1999. The plaintiffs failed to provide prior written notice of the condition as required by Town of Riverhead Code § 10-2, and accordingly, their complaint was properly...

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