Appellate Division of the Supreme Court of the State of New York September 13, 2011 (Mougiannis v. Dermody)

*994The collapse of an above-ground swimming pool located in the backyard of the house owned by the defendants Walter Dermody and Carol Dermody (hereinafter together the Dermodys) caused flooding onto the neighboring property, owned by the plaintiff Johanna Mougiannis, where she resided with her mother, the plaintiff Domenica Mougiannis.