Doar v. Kozick

In an action for injunctive relief and damages, the defendant appeals from an order of the Supreme Court, Dutchess County (Delaney, J.), dated July 23, 1980, which denied his motion to cancel a notice of pendency. Order reversed, on the law, with $50 costs and disbursements, and motion granted. Plaintiff is the owner of a parcel of land on which he maintains a summer residence. At the time he purchased the property, and at all times since, a natural brook flowed through his land and passed close to his home. In December, 1972, the defendant acquired certain real estate which was upstream from…