SCIALDONE v. MAJKA


34 A.D.3d 1305 (2006)

824 N.Y.S.2d 510

MATTHEW SCIALDONE et al., Respondents, v. SIGMUND MAJKA et al., Appellants.

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

Decided November 17, 2006.


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 against defendants, the developers of the subdivision containing plaintiffs' home, seeking to recover for damages caused by the flooding of their basement. Supreme Court properly denied defendants' motion to dismiss the complaint. Contrary to the contentions of defendants, we conclude that the complaint...

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