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SALITAN v. TOWN OF YORKTOWN

2017-03165. Index No. 63261/12.

178 A.D.3d 979 (2019)

112 N.Y.S.3d 521

2019 NY Slip Op 09050

Michael Salitan, Appellant, v. Town of Yorktown, Respondent.

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

Decided December 18, 2019.

Attorney(s) appearing for the Case

Bartels & Feureisen, LLP, White Plains, NY ( Michael Fahey of counsel), for appellant.

Morris Duffy Alonso & Faley, New York, NY ( Iryna S. Krauchanka , Kevin G. Faley , and Kenneth E. Pitcoff of counsel), for respondent.

Mastro, J.P., Roman, Connolly and Iannacci, JJ., concur.

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

We agree with the Supreme Court's determination to grant the defendant's motion for summary judgment dismissing the complaint.

The defendant established, prima facie, that it was entitled to governmental immunity for the allegations that it negligently designed and permitted the installation of the storm drainage system at issue. "A municipality...

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