Board of Education v. Town of North Hempstead

Action to abate a nuisance and to enjoin trespassing upon the lands of the plaintiff as a consequence of the construction by the individual defendants and Strathmore-at-Manhasset, Inc., of a drainage system, the waters from which pass through a duct or conduit constructed and eontroHed by the State of New York and are thus cast upon the lands of the plaintiff School District. Order *734granting defendants’ motion for judgment on the pleadings and dismissing the complaint, and judgment entered thereon, unanimously affirmed, with ten dollars costs and disbursements. Assuming that the respondents…