Monroe Contractors Equipment, Inc. v. State

Judgment unanimously affirmed, with costs. Memorandum: The State appeals from a judgment awarding to claimant the sum of $22,250 as damages to personal property which claimant was storing on its four-acre lot in the Town of Penfield in the suihmer of 1971. Claimant alleged that the cause of the damage was the flow of water onto its property resulting from the negligent acts of the State in the course of building a new highway adjacent to claimant’s property. The State contends that it merely changed the elevation of the land which it had taken for highway purposes, that only surface water…