Ellis v. Village of Scotia

Appeal from an order of the Supreme Court (Reilly, Jr., J.), entered July 26, 2004 in Schenectady County, which, inter alia, denied defendant’s motion for summary judgment dismissing the complaint.

Plaintiffs own property in the Town of Glenville, Schenectady County, which is located adjacent to defendant’s reservoir. In 1997, plaintiffs advised defendant that the reservoir was leaking water onto their property causing damage. Thomas Cushing, defendant’s Superintendent of the Department of Public Works, investigated plaintiffs’ complaints and, based upon tests performed on a stream on…