ENDEMANN v. DUBOIS

532544.

207 A.D.3d 1009 (2022)

172 N.Y.S.3d 522

2022 NY Slip Op 04769

Kyle Endemann, Appellant, v. Edward Dubois, Respondent.

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

Decided July 28, 2022.


Attorney(s) appearing for the Case

Hancock Estabrook, LLP, Syracuse ( Alan J. Pierce of counsel), for appellant.

Roe & Associates, Williamsville ( Justin L. Hendricks of Kenney Shelton Liptak Nowak LLP, Buffalo, of counsel), for respondent.

Lynch, J.P., Clark, Pritzker and McShan, JJ., concur.


Plaintiff and defendant own neighboring homes. On February 21, 2014, plaintiff awoke to find that a portion of his basement was flooded with 3 to 4 inches of water. Believing defendant's recently installed sump pump discharge system to be the cause of this flooding and the associated property damage, plaintiff initiated the instant negligence...

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