Kennedy v. Town of Thompson

Appeal from an order of the Supreme Court at Special Term (Williams, J.), entered December 6, 1982 in Sullivan County, which denied plaintiffs’ motion for partial summary judgment. On May 6, 1981, the parties entered into a stipulation of settlement on the record in final disposition of an action commenced by plaintiffs based upon defendant’s alleged tortious diversion of water from one of its roads onto plaintiffs’ property. The settlement agreement provided, inter alia, that defendant would (1) install and maintain a catch basin along the road adjacent to plaintiffs’ property to be…