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TALI PLAZA OF NYACK, LLC v. VILLAGE OF NYACK

2015-02549, Index No. 32812/11.

145 A.D.3d 1087 (2016)

2016 NY Slip Op 08977

42 N.Y.S.3d 868

TALI PLAZA OF NYACK, LLC, Appellant, v. VILLAGE OF NYACK, Respondent, et al., Defendant. (And a Third-Party Action.)

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

Decided December 30, 2016.

Ordered that the order is affirmed, without costs or disbursements.

The plaintiff made a prima facie showing of its entitlement to summary judgment on the issue of liability on the cause of action alleging negligence insofar as asserted against the defendant Village of Nyack which was based on a claim that the Village negligently maintained and inspected the stormwater sewer system at issue. In opposition to the plaintiff's prima facie showing, the Village raised...

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