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FIREMAN'S FUND INS. CO. v. COUNTY OF NASSAU

2009-01323.

66 A.D.3d 823 (2009)

887 N.Y.S.2d 242

2009 NY Slip Op 7582

FIREMAN'S FUND INSURANCE COMPANY, as Subrogee of Herbert & Iris Marek, Appellant, v. COUNTY OF NASSAU, Respondent.

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

Decided October 20, 2009.

Ordered that the order is affirmed, with costs.

The instant subrogation action arose after sewage effluent flooded the residence of the plaintiff's insureds located in the defendant County of Nassau during the course of a severe storm in October 2005. The Supreme Court granted the defendant's motion for summary judgment dismissing the complaint, and we affirm.

A municipality is immune from liability "arising out...

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