Pickett v. Whipple
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtWhite, J.
Appeal from an order of the Supreme Court (Keniry, J.), entered June 21, 1994 in Saratoga County, which denied defendant Marian Whipple’s motion for summary judgment dismissing the complaint against her.
Defendant Marian Whipple (hereinafter defendant) and her deceased husband, Perry Whipple, owned a large tract of land along the Hudson River in the Town of Moreau, Saratoga County, which they subdivided. John Martel purchased two lots and in 1960, constructed a water collection and supply system on defendant’s land which drew water from a natural spring and piped it to the camp he built on his…
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