A.A.A.A.A.R. CONSTRUCTION OF ORTHOPEDIC APPLIANCES, INC. v. VILLAGE OF BREWSTER

2015-09332, Index No. 2009/06.

149 A.D.3d 1016 (2017)

2017 NY Slip Op 03143

53 N.Y.S.3d 345

A.A.A.A.A.R. CONSTRUCTION OF ORTHOPEDIC APPLIANCES, INC., Doing Business as A.A.A.A.A.R. ORTHOPEDICS, INC., Appellant, v. VILLAGE OF BREWSTER et al., Respondents.

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

Decided April 26, 2017.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

The plaintiff allegedly suffered damage to its property following a water main break on August 5, 2005. In its notice of claim, dated October 31, 2005, the plaintiff alleged that the defendant Village of Brewster was negligent in allowing water to enter the plaintiff's place of business.

In 2006, the plaintiff commenced this action...

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