Wednesday, April 11, 2007

Two feet high and rising.

In settling a previous action, the parties had entered into a stipulation in which, among other things, defendant agreed undertake "a study of the entire water drainage area" and to "take whatever steps it deems appropriate in accordance with such a study." Defendant did nothing, though, and three years later a severe storm resulted in flooding which caused substantial damage to plaintiff's property. In Eichler v. Town of Cortlandt, decided on April 3, 2007, the Second Department found that the alleged breach of the stipulation was actionable under general contract principles.