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Vanguard Tours, Inc. v. Town of Yorktown

Appellate Division of the Supreme Court of New York, Second Department
Aug 17, 1981
83 A.D.2d 866 (N.Y. App. Div. 1981)

Opinion

August 17, 1981


In an action to recover damages for injuries to plaintiff's property, defendant appeals from a judgment of the Supreme Court, Westchester County (Marbach, J.), dated September 19, 1980, which, after a nonjury trial, awarded plaintiff the principal sum of $36,000. Judgment reversed, on the law, and matter remitted to the Supreme Court, Westchester County, for further proceedings consistent herewith. The findings of fact with respect to defendant's liability are affirmed. The trial court properly found that plaintiff suffered water damage as a result of defendant's failure to adequately maintain the crown on Front Street. Since a municipality is obligated to exercise ordinary care in maintaining its streets and drainage system, plaintiff is entitled to recover the damages caused by this failure (cf. Beck v. City of New York, 23 Misc.2d 1036, affd 16 A.D.2d 809; Urquhart v. City of Ogdensburg, 91 N.Y. 67). While the trial court properly found that plaintiff also suffered water damage as a result of defendant's failure to install an adequate drainage system, it improperly concluded that such a failure is actionable. The law is clear that a municipality is not liable for its failure to install a drainage system which adequately disposes of surface waters (see Beck v. City of New York, supra; Geiger v. City of New York, 141 N.Y.S.2d 667). Since the court did not apportion the damages, further proceedings are necessary to determine the damages caused by the failure to maintain the crown on Front Street. Hopkins, J.P., Rabin, Margett and Bracken, JJ., concur.


Summaries of

Vanguard Tours, Inc. v. Town of Yorktown

Appellate Division of the Supreme Court of New York, Second Department
Aug 17, 1981
83 A.D.2d 866 (N.Y. App. Div. 1981)
Case details for

Vanguard Tours, Inc. v. Town of Yorktown

Case Details

Full title:VANGUARD TOURS, INC., Respondent, v. TOWN OF YORKTOWN, Appellant

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

Date published: Aug 17, 1981

Citations

83 A.D.2d 866 (N.Y. App. Div. 1981)

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