Pine Drive Associates, Inc. v. Town of Oyster Bay

In this action to enjoin defendants from channeling and diverting surface waters from a town road onto plaintiff’s property, the issue of the validity of a release of claim for damages, pleaded as an affirmative defense has been set for separate trial before this court.

Plaintiff is the owner of 12 acres of land with a frontage of 300 feet on Pine Boad in Syosset, in the town of Oyster Bay. Pine Boad is a public town highway. It is alleged that it is so constructed and maintained that surface and rain water drain upon plaintiff’s property causing substantial damage, for which the defendant is…