N.Y. Appellate Division Affirms Ruling against Village

ALBANY, N.Y. - A New York appellate court has affirmed a trial court's decision to deny summary judgment to a municipalityfor failing to meet its prima facie burden of demonstrating that it has no liability for alleged negligence in the performance of a construction contract. Van Benschoten, et al. v. Village of Margaretville, No. 500871 (N.Y. Sup. App. Div., 3rd Dept.).

The New York Supreme Court Appellate Division, 3rd Department, said in a brief memorandum on March 8 that the Village of Margaretville failed to show it is entitled to sovereign immunity on claims for persistent flood damage by village …