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No Demonstration Burst Water Pipe Could Have Been the Result of Negligent Inspection or Maintenance; Municipality Immune from Negligent Design

In affirming Supreme Court’s grant of summary judgment to the defendant town with respect to damages allegedly caused by a burst storm water pipe, the Second Department determined plaintiffs did not raise a question of fact concerning negligent inspection or maintenance:

“A municipality is immune from liability arising out of claims that it negligently designed [a] sewerage system” or storm drainage system”… . However, a municipality is not immune from liability arising out of claims that it negligently maintained its storm drainage system…. For the plaintiffs to recover under a theory of negligent inspection or maintenance of the storm drainage system, the plaintiffs must demonstrate that the defendants had ” notice of a dangerous condition or ha[d] reason to believe that the pipes ha[d] shifted or deteriorated and [were] likely to cause injury,’ that the [defendants] failed to make reasonable efforts to inspect and repair the defect,’ and that such failure caused the plaintiffs’ injuries”….  Bilotta v Town of Harrison, 2013 NY Slip Op 03444, 2nd Dept, 5-15-13

 

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