Silverman v. Doell

Appeal from an order of the Supreme Court (Faughnan, J.), entered December 18, 2014 in Madison County, which denied defendant’s motion for summary judgment dismissing the amended complaint.

The parties own neighboring parcels, separated by a road, on land sloping down toward Cazenovia Lake in Madison County. Defendant’s property is uphill from plaintiffs’ property, and water drains from the former to the latter via a culvert running underneath the road. Drainage has been an ongoing concern in the area and, in the 1990s, plaintiff David Silver-man installed a pipe at the outlet of the culvert…