Cotton v. Beames
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtRose, J.
Appeal from an order of the Supreme Court (Coccoma, J.), entered April 22, 2009 in Otsego County, upon a decision of the court in favor of defendants.
Plaintiff and defendants own adjoining properties at the base of a large hill. When defendants constructed a pond on the lower portion of the hill behind their home to collect surface water and control the flow of the water on their land, they channeled the pond’s overflow into a swale that was created to direct the water westerly into an existing swale at the base of the hill on plaintiffs land. Later, plaintiff constructed a home approximately…
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