Chris DeFrancesco successfully obtained summary judgment in Otsego County for a Southern Tier excavating contractor. The plaintiff claimed a driveway was negligently designed causing plaintiff’s property to flood and damage a historic stone building. Chris successfully argued the contractor did not alter the pre-existing pattern of storm water runoff. The Court found the plaintiff failed to overcome defendant’s expert proof and precluded hearsay statements from the NY DEC concerning its inspection of the property