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SGARLATA v. CITY OF SCHENECTADY

77 Misc.2d 481 (1974)

Carmen Sgarlata et al., Plaintiffs, v. City of Schenectady, Defendant.

Supreme Court, Schenectady County.

January 21, 1974

Attorney(s) appearing for the Case

Daniel D. Mead for plaintiffs. Leonard J. Litz, Corporation Counsel (George J. Camino of counsel), for defendant.

GUY A. GRAVES, J.

This trial arose from flood conditions which occurred on the morning of August 28, 1971. The plaintiffs allege they incurred damages through the negligence of the City of Schenectady. By stipulation of counsel, only the question of liability was at issue in this trial.

I. FINDINGS OF FACT

During the night of August 27 to 28, a steady rain had fallen in the City of Schenectady...

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