MOORE v. CITY OF YONKERS


54 A.D.3d 397 (2008)

863 N.Y.S.2d 80

AVA MOORE, Respondent, v. CITY OF YONKERS, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

August 19, 2008.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendant's motion which was for summary judgment dismissing the complaint is granted.

From 1999 to 2004, the plaintiff's house flooded during five separate rain storms when a catch basin situated at the top of her driveway overflowed, causing the excess water to flow down her sloped driveway and into her home. After the third flood, the City of Yonkers performed...

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