Stacey Gorny Obtains Summary Dismissal of Multi-Million Dollar Property Damage Case on behalf of Property Owner

Senior Counsel Stacey Gorny obtained summary dismissal of a well publicized, multi-million dollar property damage lawsuit that had been pending in Supreme Court, Nassau County. In that case, the Plaintiff was a commercial downhill property owner, who claimed that its property had been damaged by the wash down of water and debris runoff from multiple rainstorms and mudslides, dating back to March of 2010.  Plaintiff claimed that the actions of the three uphill property owners, along with two municipalities, had caused and contributed to Plaintiff’s property damage and repeated mudslides. Plaintiff also sought reimbursement of significant costs associated with the construction of a three-tiered retaining wall.  In granting a complete dismissal of all claims against her clients, the Court determined that there was no evidence that the clients had altered the grade of their property or maintained, in bad faith, any artificially installed drainage devices.  The Court also determined that there was no evidence those homeowners had affirmatively, or in bad faith, created any offending terrain changes to their property, or that they had removed any vegetation from the slope or dumped any tree branches thereon.  Overall, the Court found no evidence linking any of the Plaintiff’s alleged damage, to any actions of these homeowners, or their property.

       
 

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