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Home / Case Digests / Appellate Division, Fourth Dept. / Fourth Department — Flooding: Gilberti v. Town of Spafford

Fourth Department — Flooding: Gilberti v. Town of Spafford

Appellate Division, Fourth Department 


Negligent Maintenance — Third-party Liability

Gilberti v. Town of Spafford
CA 13-01245
Appealed from Supreme Court, Onondaga County

Background: The plaintiff commenced an action alleging that the town was negligent in the design, installation, construction and maintenance of the stormwater system in the vicinity of the plaintiff’s house. The town commenced a third-party action against the company retained by the plaintiff who had conducted work on the plaintiff’s private drainage system.

Ruling: The Appellate Division held that it was in error to grant the third-party defendant’s motion to dismiss as the record demonstrated that it participated in the road design process and that the flood occurred shortly after the completion of the project. The Appellate Division further held that it was proper to refuse to dismiss the negligent maintenance causes of action on the ground that the town’s alleged negligence arose from a governmental function.

Gregory A. Cascino of the Lynch Law Office for the defendant-appellant-third-party plaintiff-appellant; Gary T. Kelder of Gilberti Stinziano Heintz & Smith for the plaintiff-respondent; Daniel R. Ryan of Smith, Sovik, Kendrick & Sugnet for the third-party defendant-respondent