BILOTTA v. TOWN OF HARRISON

2011-07673.

106 A.D.3d 848 (2013)

965 N.Y.S.2d 174

2013 NY Slip Op 3444

JOSEPH BILOTTA et al., Appellants, v. TOWN OF HARRISON et al., Respondents.

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

Decided May 15, 2013.


Ordered that the order is affirmed, with costs.

The complaint in this action alleges that, in March 2007, a storm water pipe owned by the defendants burst, causing water to enter the plaintiffs' property. The water allegedly caused extensive damage, and exposed the plaintiffs to dangerous mold and fungi. The defendants moved for summary judgment dismissing the complaint, asserting, among other things, that there was no evidence that they owned the pipe, which did...

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