Loading ...
Sorry, an error occurred while loading the content.

The Rogak Report: 30 August 2004 ** Municipal Liability - Sewer Backups **

Expand Messages
  • Lawrence Rogak
    MERE FACT THAT CITY SEWER BACKED UP INTO PLAINTIFF S HOME IS NOT ENOUGH TO ESTABLISH LIABILITY Hongach v. City of New York, 779 NYS2d 559 (2d Dept 2004)
    Message 1 of 1 , Aug 30, 2004
    • 0 Attachment
      MERE FACT THAT CITY SEWER BACKED UP INTO PLAINTIFF'S HOME IS NOT
      ENOUGH TO ESTABLISH LIABILITY

      Hongach v. City of New York, 779 NYS2d 559 (2d Dept 2004)

      Plaintiff's building was flooded when a City sewer backed up into his
      property. Plaintiff moved for summary judgment, and Supreme Court
      denied the Motion, and instead granted summary judgment to the City.
      The Appellate Division affirmed.

      "Evidence of flooding caused by a sewer system is insufficient to
      maintain an action for negligence against a municipality," held the
      Court. The plaintiff offered no affidavit of an expert, and offered
      no proof tending to show that the installation and maintenance of the
      sewer by the City was in any way negligent, or that it caused the
      flooding. "The plaintiff's affidavit and attorney's affirmation
      merely offered speculation that the defendants were negligent and
      that such negligence caused the flood." Without such, plaintiff
      could not make out a prima facie case nor effectively oppose the
      City's cross-motion for summary judgment. The Complaint was
      dismissed.

      Comment: I have defended municipalities in many sewer back-up
      lawsuits. The vast majority of them are dismissed. My
      recommendation to homeowners is to make sure they have insurance for
      such claims.
    Your message has been successfully submitted and would be delivered to recipients shortly.