ARTESSA v. CITY OF UTICA


23 A.D.3d 1148 (2005)

803 N.Y.S.2d 858

JAMES ARTESSA et al., Appellants, v. CITY OF UTICA, Respondent.

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

November 10, 2005.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Plaintiffs commenced this action to recover damages for flooding allegedly caused by the negligent design, maintenance and inspection of defendant's flood control system. At the close of plaintiffs' proof at trial, defendant moved for summary judgment dismissing the amended complaint, which in effect was a motion for a directed verdict...

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