UBILES v. NGARDINGABE

151439/17. Appeal No. 13730-13730A. Case Nos. 2020-01756, 2020-01822.

194 A.D.3d 436 (2021)

148 N.Y.S.3d 193

2021 NY Slip Op 02772

Joseph Ubiles et al., Appellants, v. Ndingara Ngardingabe et al., Respondents.

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

Decided May 4, 2021.


Attorney(s) appearing for the Case

Borah Goldstein Altschuler Nahins & Goidel, PC, New York ( Paul N. Gruber of counsel), for appellants.

Fern Flomenhaft PLLC, New York ( Fern Flomenhaft of counsel), for respondents.

Concur— Gische, J.P., Mazzarelli, Oing, González, JJ.


Plaintiffs commenced this action in 2017 alleging that water runoff from defendants' abutting property caused water damage to their residence that was situated near the parties' common property line. In particular, plaintiffs alleged that defendants' expansion of the paved portion of their driveway that bordered plaintiffs' property increased the runoff onto their property. Plaintiffs alleged that defendants' driveway expansion, which occurred in April 2009, was negligently...

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