DESROSIERS v. COUNTY OF ERIE

1163 CA 10-01021.

78 A.D.3d 1647 (2010)

912 N.Y.S.2d 823

ANDRE J. DESROSIERS et al., Respondents, v. COUNTY OF ERIE et al., Appellants.

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

Decided November 19, 2010.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiffs commenced this action seeking damages they sustained as the result of a sewage backup on their property, allegedly caused by defendants' failure to clean, maintain and operate its sewer system in a proper manner. Employees of defendant County of Erie (County) performed routine maintenance of the main sewer line near plaintiffs' home, using a hydraulic...

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