STATE OF NEW YORK

SUPREME COURT : COUNTY OF CHAUTAUQUA


 

SCOTT E. SAMPSON,

Plaintiff,

-vs- Index #H-06131


THE VILLAGE OF MAYVILLE,

Defendant.


--------------------------------

THE VILLAGE OF MAYVILLE,

Third Party Plaintiff,

-vs-

 

LARRY JOHNSON,

FRED VEITH and DAN VEITH, D/B/A

LEGION WHOLESALE SUPPLY and

LEGION WHOLESALE SUPPLY CO.,

Third Party Defendants.


 




JASEN, JASEN & SAMPSON

(J. David Sampson, Esq.

of Counsel) for Plaintiff


QUACKENBUSH, CESSARIO & HAMLIN

(John J. Quackenbush, Jr., Esq.

of Counsel) for Defendant

Village of Mayville


STANLEY SLIWA, ESQ.

for Third Party Defendant Johnson


O'SHEA, REYNOLDS & CUMMINGS

(William A. Long, Jr., Esq.

of Counsel) for Third Party

Defendants Veith & Legion Supply



DECISION



GERACE, J.


Defendant's motion for summary judgment is granted. The Village water meets all the standards set by the State of New York in its sanitary code. The February 25, 1992 expert's report states that:

"Copper water pipe is generally corrosion

resistant but there are several exceptions

such as aggressive well water that can

cause pitting..." and concludes


"... the localized corrosion found in the

submitted pipe is most likely due to

aggressive water."

Plaintiff's expert admits the Type M Copper piping placed in plaintiff's home was a violation of the State Building Codes. His affidavit attempts to convert by argument his report of "most likely" into a statement of fact.

Plaintiff's claim arose when his pipes were "immediately attacked by the aggressive water" and not when he first discovered a leak. His claim was not filed on time and is barred by the Statute of Limitations. To hold otherwise would expose the village to claims on every plumber's call in the village.

The motion for summary judgment is granted.

Dated: August 8, 1995

Mayville, New York


 

JOSEPH GERACE

Justice of Supreme Court