BRIGA v. TOWN OF BINGHAMTON


8 A.D.3d 874 (2004)

778 N.Y.S.2d 545

FORTUNATO D. BRIGA, Appellant, v. TOWN OF BINGHAMTON, Respondent.

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

June 17, 2004.


Rose, J.

Plaintiff commenced this action alleging that on May 19, 2000, defendant's failure to properly inspect and maintain its sanitary sewer system caused a backup of raw sewage and property damage in plaintiff's home. Finding no issue of fact, Supreme Court granted defendant's motion for summary judgment and dismissed the complaint, prompting this appeal by plaintiff.

In support of its motion for summary judgment, defendant submitted the affidavits of...

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