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Sciacca v City of New York (2009 NY Slip Op 52010(U))
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Decided on September 25, 2009
Civil Court of the City of New York, Richmond County

SCR 750/08
Katherine A. Levine, J.
Claimant LucyAnn Sciacca ("claimant' or "Sciacca") seeks judgment in the amount of $5,000 for damages that her home sustained due to a sewer backup that occurred on April 15, 2007. Claimant has submitted photos and receipts documenting the damage. Defendant City of New York ("City" or "defendant") contends that claimant has failed to establish that the City breached any duty owed to claimant or that it was actively negligent and that the negligence caused the flooding and that the flooding was an Act of God caused by torrential rain. Since, as will be set forth below, the City has failed to establish that it exercised any care to inspect and repair its sewer or this
file:///C|/Users/Peter/Desktop/NY/1/2009_52010.htm[4/21/2013 11:39:40 AM] Sciacca v City of New York (2009 NY Slip Op 52010(U))
particular sewer, the court finds for claimant.
A municipality has a duty to maintain its sewage or drainage system. Tappan Wire & Cable, Inc. v. County of Rockland et al., 7 AD3d 781, 783 (2d Dept. 2004). As a general rule, a city's duty to keep its drains and sewers clear and free from obstruction is a ministerial or proprietary function involving no immunity, and neglect to perform it will render the municipality responsible to one injured thereby. O'Donnell v. City of Syracuse, 184 NY 1, 10 (1906), citing Dillon on Municipal Corporations,

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