Frank v. Garrison

Appeal from an order of the Supreme Court (Brown, J.), entered May 24, 1991 in Saratoga County, which granted defendants’ motion to dismiss the complaint for failure to state a cause of action.

Plaintiffs are rural upstream owners of a 27-acre tract of land on the west side of Peaceable Street in the Town of Galway, Saratoga County, and defendants own a large parcel downstream on the east side of Peaceable Street. Morning Kill Creek flows through plaintiffs’ land and then under Peaceable Street and across defendants’ land. Beavers have set up housekeeping on defendants’ land and constructed a…