Aldrich v. State Of New York

110 A.D.2d 331 (N.Y. App. Div. 1985)

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Nature of the Case

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Facts

Aldrich (Ps) and another are the owners of separate parcels of real estate. In separate actions commenced October 19, 1982, Ps sought personal injury and property damages stemming from the October 28, 1981 flooding of Six Mile Creek adjacent to their properties. Ps allege that the flooding was caused, by the State's (D) negligence in the design, construction, and maintenance of a bridge carrying State Route 79 over the creek. In a previous action, Ps had prosecuted a claim for damages caused by a flood at this same location on July 11, 1976. Ps alleged in the prior case that the flooding was occasioned by the State's negligence in designing and constructing the subject bridge. After a four-day trial in April 1983, the Court of Claims held in the prior case (1) that the claimants' damages resulted from an act of God and (2) that 'the bridge design was not evolved without adequate study nor was the utilization of a twin culvert design a departure from good engineering practice'. Those claims were dismissed, and no appeal was pursued. D served a supplemental answer in the instant action and moved for partial summary judgment on the ground that claimants were barred from relitigating so much of their claims as asserted negligence on the State's part in the design and construction of the subject bridge. The Court of Claims denied the motion, finding that the prior findings were not entitled to conclusive effect (see, Restatement [Second] of Judgments § 27 comment i [1982]). The court observed that the analysis of the negligence issue was essentially secondary and not necessary to the earlier decision, inasmuch as the storm was so severe that the damage would have resulted regardless of any negligence on the D's part.