Baumler v. Town of Newstead

Order unanimously reversed on the law with costs and motion denied. Memorandum: Supreme Court erred in granting partial summary judgment on liability to plaintiffs on their causes of action for nuisance and interference with riparian rights. On a prior appeal, we denied plaintiffs’ initial motion for partial summary judgment, which was based upon the affidavit of an expert in hydrogeology who relied upon data and conclusions reported in a geological survey (see, Baumler v Town of Newstead, 198 AD2d 777). No testimony was proffered concerning the testing performed in that survey or the…