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LFL GALLERY v. CITY OF NY

11 Misc.3d 519 (2006)

812 N.Y.S.2d 820

In the Matter of LFL GALLERY, INC., Petitioner, v. CITY OF NEW YORK, DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondent.

Supreme Court, New York County.

January 3, 2006.

Attorney(s) appearing for the Case

Rosner, Nocera & Ragone, LLP, New York City, for petitioner.

Michael A. Cardozo, Corporation Counsel, New York City, for respondent.

OPINION OF THE COURT

DORIS LING-COHAN, J.

Background

Petitioner LFL Gallery, Inc. seeks to commence an action to recover compensation for property damage it allegedly sustained on or about September 8, 2004 when defective sewer drains and sewer drain catch basins caused heavy rain water from a storm to back up (affidavit of Zack Feuer ¶ 2; proposed notice of claim ¶ 3). The...

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