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KLOSTERMEIER v. CITY OF PORT JERVIS

2020-02107. Index No. 9503/19.

200 A.D.3d 866 (2021)

160 N.Y.S.3d 291

2021 NY Slip Op 06993

Irene Klostermeier, Appellant, v. City of Port Jervis, Respondent.

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

Decided December 15, 2021.

Attorney(s) appearing for the Case

Feerick Nugent MacCartney, PLLC, South Nyack, NY ( Donald J. Feerick, Jr. , Patrick A. Knowles , and Patrick J. McGorman of counsel), for appellant.

Thomas K. Moore , White Plains, NY ( Eric D. Feldman [ Dominic P. Zafonte ] of counsel), for respondent.

Rivera, J.P., Hinds-Radix, Ford and Dowling, JJ., concur.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action, inter alia, to recover damages for trespass and nuisance caused by water runoff onto the plaintiff's property. The complaint alleged, in sum, that a storm drain on the plaintiff's property that the defendant, the City of Port Jervis, replaced in 2015 fails to properly drain stormwater, causing water to pool at a catch basin at the end of the plaintiff's driveway and seep onto her...

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