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Boardman v. Church of TransfigurationBoardman v. Church of Transfiguration

Appellate Division of the Supreme Court of the State of New York
Mar 25, 2011
Appeal No. 2
Versions:82 A.D.3d 1695
919 N.Y.2d 441

Memorandum: Plaintiff commenced this action seeking injunctive relief and monetary damages based upon water damage to her property allegedly caused by the construction and expansion of defendant‘s building and parking lot. Supreme Court properly granted that part of defendant‘s motion seeking summary judgment dismissing the third cause of action, for trespass. Defendant met its initial burden of establishing that it did not intend to cause water to enter onto plaintiff‘s property (see Theofilatos v Koleci, 105 AD2d 514 [1984]), and plaintiff failed to raise a triable issue of fact in opposition (see generally Zuckerman v City of New York, 49 NY2d 557, 562 [1980]). The court erred, however, in granting those parts of the motion seeking summary judgment dismissing the first and second

Case Details

Case Name: Boardman v. Church of Transfiguration
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Mar 25, 2011
Citations: 82 A.D.3d 1695; 919 N.Y.2d 441; Appeal No. 2
Docket Number: Appeal No. 2
Court Abbreviation: N.Y. App. Div.
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