Appellate Division of the Supreme Court of New York, 2000

Linden Towers Cooperative 4, Inc. v. City of New York

Appellate Division of the Supreme Court of New York · Decided May 30, 2000

272 A.D.2d 587; 709 N.Y.S.2d 825; 2000 N.Y. App. Div. LEXIS 6071

Cases that cite this one

9 later published cases cite this decision.

American Insurance v. City of Jamestown (District Court, W.D. New York 2012)
Shuaiyu Li v. O'Leary (Appellate Division of the Supreme Court of New York 2025)
Greene v. City of New York (Appellate Division of the Supreme Court of New York 2024)
Azizi v. Village of Crotonon-Hudson (Appellate Division of the Supreme Court of New York 2010)
Fireman's Fund Insurance v. County of Nassau (Appellate Division of the Supreme Court of New York 2009)
Moore v. City of Yonkers (Appellate Division of the Supreme Court of New York 2008)
Ballantyne v. City of New York (Appellate Division of the Supreme Court of New York 2005)
Hongach v. City of New York (Appellate Division of the Supreme Court of New York 2004)
Chi-Ming Tang v. Village of Geneseo (Appellate Division of the Supreme Court of New York 2003)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—In an action to recover damages for injury to property, the plaintiff appeals from an order of the Supreme Court, Queens County (Weiss, J.), dated February 5, 1999, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The defendant established, prima facie, its entitlement to summary judgment. In response, the plaintiff failed to raise an issue of fact that the flooding that damaged its property was the result of the defendant’s negligence. Evidence of flooding caused by the backflow of a sewer system, standing alone, is insufficient to maintain an action against a municipality to recover damages for injury to property (see, Smith v Mayor of City of N. Y., 66 NY 295, 296-297; Biernacki v Village of Ravena, 245 AD2d 656, 657). Joy, J. P., Goldstein, H. Miller and Schmidt, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.