Legal Opinion
Moone v. Walsh
Appellate Division of the Supreme Court of the State of New York
Decided April 13, 2010PublishedCited by 4 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for trespass and creation of a private nuisance, the defendants appeal from so much of an order of the Supreme Court, Suffolk County (Whelan, J.), dated March 6, 2009, as denied those branches of their motion which were for summary judgment dismissing the third and fourth causes of action.
Ordered that the order is affirmed insofar as appealed from, with costs.
A landowner will not be liable for damages to abutting property caused by the flow of surface water due to improvements to his or her land, provided that the improvements were made in good…
2Cases cited7 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Kossoff v. Rathgeb-Walsh, Inc.New York Court of Appeals · 1958
- Tatzel v. KaplanAppellate Division of the Supreme Court of the State of New York · 2002
- Gollomp v. DubbsAppellate Division of the Supreme Court of the State of New York · 2001
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3Cited by4 opinions
- Papadopoulos v. Town of North HempsteadAppellate Division of the Supreme Court of the State of New York · 2011
- Biaglow v. Elite Property Holdings, LLCAppellate Division of the Supreme Court of the State of New York · 2016
- VILLAFRANK, ALEXANDRA v. DAVID N. ROSS, INC.Appellate Division of the Supreme Court of the State of New York · 2014
- Moretti v. Croniser Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2010