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FUSCO v. TOWN OF COLONIE

532976.

201 A.D.3d 1114 (2022)

156 N.Y.S.3d 764

2022 NY Slip Op 00101

Michael Fusco, Appellant, v. Town of Colonie, Respondent, et al., Defendants.

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

Decided January 6, 2022.

Attorney(s) appearing for the Case

Archer & Greiner, PC, New York City ( Bruce M. Gorman Jr. of counsel), for appellant.

Cooper, Erving & Savage, LLP, Albany ( Carolyn B. George of counsel), for respondent.

Garry, P.J., Egan Jr., Pritzker and Colangelo, JJ., concur.

As more fully set forth in our prior decision, plaintiff commenced this action in August 2017 alleging that, during the course of work to clear a water drainage ditch, defendant Town of Colonie (hereinafter defendant) destabilized a hill upon which plaintiff's property is situated, causing damage to certain improvements on the property...

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