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Thursday, June 20, 2013
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Helena man sues over flooding basement

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CANTON — A Helena man who said he frequently finds 2 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.

In the lawsuit, Mr. Yacobacci alleges that the original property-condition statement says the property had a 10-year-old roof with no defects, had no known flooding issues and had a septic system installed.

Instead, he argues, he’s had to pay to repair the roof and put in a septic system and has 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 amount of money to cover damage, 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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