JUDICIAL DEVELOPMENTS

May 2008

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New York State Not Liable to Homeowner Down-Gradient from Dam for Flood Damage
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.