Mason v. Simmons

Appeal from that part of an order of the Supreme Court at Special Term (Kahn, J.), entered October 29, 1984 in Columbia County, which granted plaintiffs’ motion to compel defendant to permit a site inspection of ponds and dams on his property by an engineering firm.

Plaintiffs own parcels of property in the Town of Chatham, Columbia County, which are bounded by a natural stream. Defendant owns property in the Town of Old Chatham, Columbia County, and resides upstream from plaintiffs’ properties. In 1977, through the use of various pipes and spillways, defendant constructed two ponds on his…