J.B.H., INC. v. GODINEZ


34 A.D.3d 873 (2006)

823 N.Y.S.2d 576

J.B.H., INC., Respondent, v. GILBERT GODINEZ et al., Appellants.

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

Decided November 2, 2006.


Crew III, J.P.

In December 2000, defendants' basement flooded, allegedly due to the Town of Colonie's negligent design, construction and maintenance of a pond located approximately 200 feet north of defendants' residence. Upon learning that their insurance company would not cover the resulting damage, defendants contacted an independent adjuster who, in turn, apparently contacted plaintiff, a disaster recovery services company...

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