Lahtinen, J.
In August 2002, a sewer backup allegedly occurred in the basement of plaintiff's home in the Village of Saranac Lake, Franklin County, causing considerable damage. The house had suffered an earlier backup in 1991 and, following the August 2002 backup, plaintiff served a notice of claim on defendant and, in October 2002, she commenced this action. In May 2007, plaintiff filed a note of issue. However, the note of issue was struck to allow for motions,...
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