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BRANDENBURG v. COUNTY OF ROCKLAND SEWER DIST. #1, STATE OF N.Y.

2014-01306, Index No. 598/12.

127 A.D.3d 681 (2015)

7 N.Y.S.3d 300

2015 NY Slip Op 02719

MICHAEL L. BRANDENBURG et al., Respondents, v. COUNTY OF ROCKLAND SEWER DISTRICT #1, STATE OF NEW YORK, Defendant, and TOWN OF CLARKSTOWN, STATE OF NEW YORK, Appellant.

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

Decided April 1, 2015.

In an action to recover damages for injury to real property, the defendant Town of Clarkstown, State of New York, appeals from an order of the Supreme Court, Rockland County (Berliner, J.), dated November 14, 2013, which denied its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.

Ordered that the order is affirmed, with costs.

A municipality is immune from liability "arising out of claims

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