Bierman v. City Of New York

60 Misc.2d 497, 302 N.Y.S.2d 696 (1969)

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Rule Of Law

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Nature Of The Case

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Facts

P owns a small house. On February 11, 1968, water poured into P's basement. It damaged the boiler, floor, and walls. The source of the flood was a ruptured water main in front of her house. P filed a claim for property damage against City (D), which responded with a letter stating, in substance, that Consolidated Edison (D) had been working on the main, and hence P's claim was against Consolidated Edison (D). P then commenced an action in the Small Claims against Ds in the amount of $300. Neither D offered any evidence. Each moved to dismiss the complaint on the ground that there was no proof of negligence. There was none.

Issues

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Holding & Decision

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Legal Analysis

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