Curtis v. Town of Clinton

Appeal (transferred to this court by order of the Appellate Division, Second Department) from a judgment of the Supreme Court (Benson, J.), entered September 5, 1990 in Dutchess County, upon a decision of the court in favor of defendant.

Defendant had installed and maintained a concrete box culvert under Fiddlers Bridge Road in the Town of Clinton, Dutchess County, since the 1930s. Fiddlers Bridge Road was the southerly boundary of plaintiffs’ property, which they purchased in 1970, and Center Road the easterly boundary. The culvert carried drainage across plaintiffs’ property in a defined…