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Statute of Limitations in NY State

  • Thread starter Thread starter Captain1234
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Captain1234

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reside in New York State. problem exists with storm water drainage system on county highway and water crossing highway; notified county in 1987 by "putting commissioner of highways on notice" that a dangerous and hazardous situation existed. received letter in response from commissioner shortly thereafter that situation would be corrected. Until 1995 we consistently and repeatedly informed county of hazardous situation. After our property flooded in 1995 and was severly damaged, situation was partially corrected by county. wanted to sue in 1987 but was informed could not sue because damage had not occurred. Have been informed that since we were aware of highway/drainage problem since 1987, statute of limitiations has expired; it was necessary for us to file lawsuit within 90-days of 1987 notification to commissioner. we are not engineers and didn't know what the problem was until the engineering report was completed after the flood.
consulting engineering report states drainage system is inadequate and that sheathing is occurring on highway. County refuses to correct situation.have been offered minimal amount for settlement and have been informed that if we accept, we cannot sue for further damages in future, even though county refuses to correct problem. Do we have any legal rights and does it seem reasonable that we were required to file in 1987 after having been assured in writing that situation would be corrected?
 



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