HOLY TEMPLE FIRST CHURCH v. CITY OF HUDSON


17 A.D.3d 947 (2005)

794 N.Y.S.2d 465

HOLY TEMPLE FIRST CHURCH OF GOD IN CHRIST, Appellant, v. CITY OF HUDSON, Respondent.

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

April 28, 2005.


Mugglin, J.

In July 1998, plaintiff complained to defendant that water, contaminated with sewage, was entering the basement of its church. Despite defendant's extensive efforts to locate the source and eradicate the problem, no final resolution occurred until following the commencement of this negligence action. At a nonjury trial, Supreme Court granted defendant's motion for a directed verdict (see CPLR 4401) at the conclusion of plaintiff's case and plaintiff...

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