RAIA v. TOWN OF SOUTHAMPTON

2018-11785, Index No. 4602/10.

175 A.D.3d 1445 (2019)

108 N.Y.S.3d 186

2019 NY Slip Op 06637

Joseph A. Raia, Respondent, v. TOWN OF SOUTHAMPTON, Appellant.

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

September 18, 2019.


Attorney(s) appearing for the Case

Devitt Spellman Barrett, LLP, Smithtown, NY ( John M. Denby and Felicia Gross of counsel), for appellant.

Tarbet & Lester, PLLC, East Hampton, NY ( Rudolph Fusco of counsel), for respondent.

Balkin, J.P., Hinds-Radix, Maltese and Brathwaite Nelson, JJ., concur.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the defendant's motion which were for summary judgment dismissing the second through fourth causes of action are granted.

The plaintiff commenced this action, inter alia, to recover damages for nuisance and trespass against the Town of Southampton, alleging that the Town's work on roads near the plaintiff's property had the effect of redirecting the flow of storm...

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