Legal Opinion

Dutcher v. Town of Shandaken

Appellate Division of the Supreme Court of the State of New York

Decided November 23, 1983PublishedCited by 27 opinions

1Opinion of the Court

Appeal from an order of the Supreme Court at Special Term (Torraca, J.), entered December 1, 1982 in Ulster County, which, on reargument, granted defendant’s motion to dismiss the complaint. During August and September, 1980, defendant Town of Shandaken, while repairing a bridge, allegedly diverted the course of the Fox Hollow stream onto land owned by plaintiff. Plaintiff attempted to build a wall to allegedly prevent the water from further inundating his land and damaging a roadway and planting area thereon. On July 2, 1981, the Department of Environmental Conservation responded by *923charging…

2Cases cited4 opinions

  1. Fontana v. Town of HempsteadNew York Court of Appeals · 1964
  2. Fontana v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 1963
  3. Watts v. Town of GardinerAppellate Division of the Supreme Court of the State of New York · 1982
  4. Weissmann v. EukerAppellate Division of the Supreme Court of the State of New York · 1955

3Cited by27 opinions

  1. German v. Federal Home Loan Mortgage Corp.District Court, S.D. New York · 1995
  2. Picciano v. Nassau County Civil Service CommissionAppellate Division of the Supreme Court of the State of New York · 2001
  3. People United for Children, Inc. v. City of New YorkDistrict Court, S.D. New York · 2000
  4. Smith v. ScottAppellate Division of the Supreme Court of the State of New York · 2002
  5. Martin v. United States Trust Co. of New York, Texas Court of Appeals, 5th District (Dallas)1985

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