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TOMEI v. TOWN OF RIVERHEAD

2017-04294. Index No. 19882/10.

174 A.D.3d 761 (2019)

102 N.Y.S.3d 476

2019 NY Slip Op 05711

Nicholas Tomei, Appellant, v. Town of Riverhead et al., Defendants, and Froehlich Farm Corporation, Respondent.

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

Decided July 17, 2019.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action to recover damages for personal injuries allegedly sustained by him when, due to flooding of the roadway, he lost control of the automobile he was operating and struck a tree. The defendant Froehlich Farm Corporation (hereinafter Froehlich) is the owner of the property abutting the roadway where the accident occurred. The plaintiff alleged that Froehlich constructed a berm on its property...

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