KIMBALL BROOKLANDS CORP. v. COUNTY OF WESTCHESTER

2014-10303, Index No. 69346/12.

144 A.D.3d 756 (2016)

2016 NY Slip Op 07297

41 N.Y.S.3d 248

KIMBALL BROOKLANDS CORPORATION, Appellant, v. COUNTY OF WESTCHESTER, Respondent.

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

Decided November 9, 2016.


Ordered that the order is affirmed, with costs.

As a result of Hurricane Irene, on August 28, 2011, the Grassy Sprain Brook, a tributary of the Bronx River, flooded and overflowed onto the plaintiff's property. Thereafter, the plaintiff commenced this action against the County of Westchester to recover damages for negligence, gross negligence, trespass, and nuisance. The plaintiff alleged that the County was aware of the...

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