Practice point: A municipality is immune from liability on claims that it negligently designed the sewerage system.
Students should note that a municipality is not an insurer of its sewer system and will be liable only if the injury was caused by active negligence in maintenance.
Case: Azizi v. Villiage of Croton-on-Hudson, NY Slip Op 09461 (2d Dept. 2010)
Here is the decision.
Tomorrow’s issue: Motion practice.
