Town of Hamburg v. Gervasi
Appellate Division of the Supreme Court of the State of New York
1Per curiam
Plaintiff has been granted a mandatory injunction requiring defendants to permit plaintiff’s town superintendent of highways to enter upon their premises for the purpose of opening, and keeping open, a watercourse for the free passage of surface drainage from Boseville, sometimes known as Boseview, Avenue in the Town of Hamburg. The theory of the complaint seems to be that, because surface waters, from time immemorial, have drained from upper lands across what is now Boseville Avenue, and then across defendants’ property, following the same course, substantially, the effect of such flow was…
2Cases cited6 opinions
- Barkley v. . WilcoxNew York Court of Appeals · 1881
- Bennett v. CupinaNew York Court of Appeals · 1930
- Cassidy v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1886
- Jeffers v. JeffersNew York Court of Appeals · 1887
- Lumley v. Village of HamburgAppellate Division of the Supreme Court of the State of New York · 1918
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3Cited by6 opinions
- Buffalo Sewer Authority v. Town of CheektowagaNew York Court of Appeals · 1967
- Zutt v. StateAppellate Division of the Supreme Court of the State of New York · 2008
- Bono v. Town of HumphreyAppellate Division of the Supreme Court of the State of New York · 2020
- Cook v. PieperNew York Supreme Court · 1962
- Roth v. Great Atlantic & Pacific Tea Co.District Court, E.D. New York · 1952
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