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ARAGONA v. STATE OF NEW YORK

2018-00995.

198 A.D.3d 949 (2021)

157 N.Y.S.3d 34

2021 NY Slip Op 05847

Alfredo Aragona et al., Appellants, v. State of New York et al., Respondents.

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

Decided October 27, 2021.

Attorney(s) appearing for the Case

Lippes & Lippes, Buffalo, NY ( Richard J. Lippes and Daniel P. Scholfield of counsel), for appellants.

Letitia James , Attorney General, New York, NY ( Judith N. Vale and Joshua M. Parker of counsel), for respondents.

Dillon, J.P., Christopher, Wooten and Dowling, JJ., concur.

Ordered that the judgment is affirmed, with costs.

The claimants commenced this claim to recover damages for negligence, private nuisance, and trespass, alleging that the defendants damaged their properties when salt the defendants applied to public highways in the winter to de-ice the roads infiltrated and contaminated the claimants' well water. The notice of intention to file claim was filed in November 2002, and the claim was filed in November 2003. Following a...

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