Appellate Division, Second Department · October 14, 2026 · 2026 NY Slip Op 05984
Sadore Lane Gardens, Inc. v City of Yonkers
Read the official decision: 2026 NY Slip Op 05984
Holding The court granted the defendant’s motion for summary judgment because the plaintiff failed to raise a triable issue of fact regarding the causal connection between the municipality’s alleged negligence and the flooding. The municipality was immune from liability for the design of its sewerage system and the plaintiff was not an intended third-party beneficiary of the maintenance agreement.
The court’s words
a municipality is immune from liability arising out of claims that it negligently designed its sewerage system
2026 NY Slip Op 05984, at the official text
the plaintiff must demonstrate that the municipality either affirmatively breached a duty owed or was actively negligent
2026 NY Slip Op 05984, at the official text
the plaintiff failed to raise a triable issue of fact
2026 NY Slip Op 05984, at the official text
the plaintiff was not an intended third-party beneficiary under the defendant's maintenance agreement with the State
2026 NY Slip Op 05984, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 14, 2026 |
| Citation | 2026 NY Slip Op 05984 |
| Area of law | Personal Injury and Negligence · Municipal Law and Government Liability |
| Week | Week ending October 17, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05984 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1221 |
Recommended citation
ESQ HQ, New York Law Watch, Sadore Lane Gardens, Inc. v City of Yonkers, 2026 NY Slip Op 05984 (Appellate Division, Second Department, October 14, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05984/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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