A family’s lawsuit alleging that quarry blasting made their Pembroke home uninhabitable in 2022 has been allowed to move forward against Erie County and the owner and operator of the quarry.
State Supreme Court Judge Diane Y. Devlin has ruled that Erie County and County Line Stone must defend against the lawsuit filed earlier this year by Gene O. Nati, his wife, Tracy, and their daughter and son-in-law. Both the quarry and Erie County are appealing the ruling.
The Nati home was condemned following an earth shift in August 2022 that opened a large crack in the ground for several hundred feet near Scribner Road.
The house’s foundation sunk and split, with cracked walls and ceilings and an I-beam that jutted through a foundation wall.
The Natis alleged that blasting and dewatering at the quarry about a mile away triggered the earth shift. They sought $1 million from the quarry and $1 million from the Towns of Newstead and Pembroke and Erie and Genesee counties, alleging that negligence on the part of the municipalities contributed to the earth shift.
Devlin granted motions by Newstead, Pembroke and Genesee County asking to be dismissed from the lawsuit.
Erie County and County Line Stone filed notices of appeal earlier this month to the Appellate Division, 4th Judicial Department.
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