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Helena man sues over flooding basement

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By DARREN ANKROM

CANTON— A Helena man who says he frequently finds two feet of water flooding his basement filed a lawsuit Thursday in state Supreme Court against the property’s previous owner.

Thomas J. Yacobacci of 1980 County Route 53, purchased the two-story, wood frame building from Jody A. Miller of 6401 Vincent Hill Road, Canandaigua, for just shy of $10,000 in August 2010.

Mr. Yacobacci alleges in the lawsuit that in the original property condition statement it’s stated the structure had a 10-year-old roof with no defects, no known flooding issues and had a septic system installed.

Instead, he argues, he’s had to pay to repair the roof, put in a septic system and unsuccessfully attempted to rectify the flooding issue. Just how expensive these efforts have been was not stated.

The roof, the lawsuit states, “had clearly been leaking for some time and [...] was much older than 10-years-old.”

Mr. Yacobacci is seeking an unspecified money amount to cover damages, as well as the cost of the repairs he’s made.

Mr. Yacobacci is represented by attorney Matthew P. Duprey of Canton.

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