Red House Farm, Inc. v. LAD Enterprises, LLC

Appeal from an order of the Supreme Court (Nolan Jr., J.), entered September 4, 2013 in Saratoga County, which, among other things, granted defendant’s cross motion to dismiss the complaint.

Plaintiff and defendant own separate parcels of real property located on Thompson Hill Road, a town highway by use, in the Town of East Greenbush, Rensselaer County. Both parcels are located in the Town’s sewer district. At defendant’s request, the Town Board of East Greenbush authorized defendant to install, at its own expense, a main sewer line under the roadway traversing plaintiffs parcel. Plaintiff…