New York State Not Liable to Homeowner Down-Gradient from Dam for Flood Damage
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Allen v. City of New York, 2008 NY Slip Op 02732
The question here is whether the State of New York is liable in negligence for a dam that plaintiff claims was mismanaged and failed to protect his home, which is down gradient from the dam, from overflows and flooding. The State of New York Appellate Division found in favor of the state and against the plaintiff because the dams were not created for the purposes of protecting homes of downgradient owners like plaintiff, but rather simply for storing water for the City of New York.
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Read related items on:
Topics) Flood Control) Liability
Topics) Land Use) Flood Control
New York) New York City
Appellate Division - Supreme Court
Allen v. City of New York