Realty Associates, Inc. v. Stoothoff

The plaintiff instituted this action against the respondents for an injunction and damages, based upon the alleged wrongful obstruction of the waters of a stream whereby plaintiff’s lands were submerged. The respondents obtained an order per*463mitting the joinder of the appellant County of Nassau as a party defendant, and thereafter served separate cross-complaints alleging in substance that the damage originated in the wrongful acts of appellant in enlarging the outlet of a nearby lake and negligently constructing a reservoir of insufficient capacity to dispose of the increased volume of water…