Osgood v. Bucking-Reddy

I respectfully dissent. On the claim for damages resulting from the diversion of water onto plaintiff’s property, it was plaintiff’s burden to "establish that the improvements on the defendant’s land caused the surface water to be diverted, that damages resulted and either that artificial means were used to effect the diversion or that the improvements were not made in a good faith effort to enhance the usefulness of the defendant’s property” (Cottrell v Hermon, 170 AD2d 910, 911, lv denied 78 NY2d 853; see, Archambault v Knost, 132 AD2d 909). "[I]t is ancient and still authoritative law”…