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Fourth Department — Property Damage: Mattioli v. Town of Greece
Daily Record Staff//January 30, 2013//
Fourth Department — Property Damage: Mattioli v. Town of Greece
Daily Record Staff//January 30, 2013//
Appellate Division, Fourth Department
Notice
Mattioli v. Town of Greece
CA 12-00670
Appealed from Supreme Court, Monroe County
Background: The plaintiff commenced an action seeking damages for losses she sustained when her real property was damaged in a flood after a retention pond overflowed after a rainstorm. The defendant appealed from an order dismissing its motion for summary judgment.
Ruling: The Appellate Division affirmed. The court found that the plaintiff had raised a triable issue of fact regarding whether the defendant had written notice of the defect as required by the defendant’s town code.
Anthony M. Sortino of Gallo & Iacovangelo for the defendant-appellant; Frank G. Montemalo for the plaintiff-respondent
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