Legal Opinion
Kossoff v. Rathgeb-Walsh, Inc.
New York Court of Appeals
Decided January 23, 1958PublishedCited by 51 opinions
1Opinion of the CourtVan Voorhis, J.
This action involves damage by surface water flowing from one lot upon an adjoining lot. Both of these parcels of land are on a slope on the southeast side of Wolf’s Lane, in the village of Pelham in Westchester County. The defendants’ parcel is at the higher elevation. The sidewalk in front of both premises slopes downward to the next intersecting street. The maximum difference in elevation between defendants’ and plaintiff’s lots was about 6 feet at the rear and along the street about 2% feet.
*586The defendants’ lot (at the higher elevation) had been unimproved land until soon before the…
2Cases cited11 opinions
- Barkley v. . WilcoxNew York Court of Appeals · 1881
- Tremblay v. . Harmony MillsNew York Court of Appeals · 1902
- Jutte v. . HughesNew York Court of Appeals · 1876
- Goodale v. . TuttleNew York Court of Appeals · 1864
- Mairs v. . Manhattan Real Estate Ass'n.New York Court of Appeals · 1882
6 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Doundoulakis v. Town of HempsteadNew York Court of Appeals · 1977
- Cameron v. USAA Property & Casualty InsuranceDistrict of Columbia Court of Appeals · 1999
- Smith v. Town of Long LakeAppellate Division of the Supreme Court of the State of New York · 2007
- Cottrell v. HermonAppellate Division of the Supreme Court of the State of New York · 1991
- WFE Ventures, Inc. v. GBD Lake Placid, LLCAppellate Division of the Supreme Court of the State of New York · 2021
46 more not listed; retrieve them via the Exa API.