Kane v. Shephard

—Order insofar as appealed from unanimously reversed on the law with costs, motion denied and fourth cause of action reinstated. Memorandum: Supreme Court erred in granting that part of the motion of defendants Glenn V. Pitts and Katherine Pitts for summary judgment dismissing the fourth cause of action. “It is well established that a landowner is not liable for damages to abutting property for the flow of surface water resulting from improvements to his or her land so long as ‘the improvements are made in good faith to fit the property to some rational use to which it is adapted, and * * *…