VAN BENSCHOTEN v. VILLAGE OF MARGARETVILLE


38 A.D.3d 1027 (2007)

831 N.Y.S.2d 296

ROBERT VAN BENSCHOTEN et al., Respondents, v. VILLAGE OF MARGARETVILLE, Appellant.

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

Decided March 8, 2007.


Carpinello, J.

Plaintiffs live near Bull Run Creek in the Village of Margaretville, Delaware County. During the summer of 2001, reconstruction work was performed on the creek to repair damage to its walls caused by a 1996 flood. According to plaintiffs, after completion of this work and for the first time ever, water began infiltrating into their basements in substantial quantities and has continued to do so on a regular basis. This water seepage has allegedly caused...

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