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MURPHY v. TOWN OF WATERFORD

534725.

215 A.D.3d 1097 (2023)

185 N.Y.S.3d 725

2023 NY Slip Op 01929

Terence Murphy, as Trustee of the Margaret M. Pieper Family Trust, et al., Respondents, v. Town of Waterford, Appellant, et al., Defendants.

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

Decided April 13, 2023.

Attorney(s) appearing for the Case

Bailey, Johnson & Peck, PC, Albany ( William C. Firth of counsel), for appellant.

Mandel Clemente, PC, East Greenbush ( Linda A. Mandel Clemente of counsel), for respondents.

Garry, P.J., Clark, Reynolds Fitzgerald and McShan, JJ., concur.

Appeal from an order of the Supreme Court (Dianne N. Freestone, J.), entered December 20, 2021, in Saratoga County, which denied a motion by defendant Town of Waterford to dismiss the complaint against it.

In May 2020, property located in defendant Town of Waterford was allegedly damaged by a landslide caused by defects in the...

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