Village of Nyack v. Diamond

This is an appeal from an order and judgment at Special Term entered August 19, 1971 in Albany County, which dismissed the complaint as to defendant Henry L. Diamond, Commissioner of the New York State Department of Environmental Conservation, on the ground that it failed to state a cause of action.

Plaintiff Village of Nyack is an owner in fee of riparian lands adjacent to the Hackensack River in the County of Rockland and derives its water supply from the river. Defendant Spring Valley Water Company Incorporated owns a dam and reservoir on the Hackensack River located upstream from the…