Summary judgment is not warranted on any of plaintiff's causes of action; questions of fact are presented on the negligence claim, and as to plaintiff's claims for nuisance and trespass, plaintiff fails to establish a prima facie right to relief.
The expert's affidavit submitted by defendants is sufficient to create a triable issue of fact with respect to the cause of action for negligence based upon plaintiff's water problem, even though the expert makes no specific...
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