New Edgewood Lake Corp. v. Kingston Trust Co.

Hill, P. J. (concurring).

Respondent, the owner of a summer hotel near Fleischmanns, N. Y., that fronts upon an artificial lake, has been given, by the judgment appealed from, damages and costs and injunctive relief that directs appellants to keep the water in the lake at the level of the spillway. The damages were awarded because of loss of profits in the operation of the hotel during the summer of 1934 while the lake was drained.

The theory upon which the suit was brought and which was adopted by the official referee in deciding it, was that the acceptance of a quitclaim deed dated September…