Musumeci v. State
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCardamone, J.
During the months of May and June, 1969 claimants’ muck farms located to the east of the City of Fulton in the Town of Volney, Oswego County, were flooded due to a surcharge of diffused surface waters into the flow of Water-house Creek, which drained the three farms in question. The claimants alleged that the flooding was caused by the State’s relocation of Route 57 (now Highway 481) between Fulton and Three Rivers. The State contended that the flooding was due to abnormally heavy rainstorms. The Court of Claims tried only the issue of liability and determined that the State was liable for…
2Cases cited6 opinions
- Seifert v. . City of BrooklynNew York Court of Appeals · 1886
- Barkley v. . WilcoxNew York Court of Appeals · 1881
- Noonan v. . City of AlbanyNew York Court of Appeals · 1880
- Kossoff v. Rathgeb-Walsh, Inc.New York Court of Appeals · 1958
- Gordon v. . Ellenville Kingston R.R. Co.New York Court of Appeals · 1909
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3Cited by15 opinions
- Cottrell v. HermonAppellate Division of the Supreme Court of the State of New York · 1991
- Office Park Corp. v. County of OnondagaAppellate Division of the Supreme Court of the State of New York · 1978
- Condello v. Town of IrondequoitAppellate Division of the Supreme Court of the State of New York · 1999
- Archambault v. KnostAppellate Division of the Supreme Court of the State of New York · 1987
- Baker v. City of PlattsburghAppellate Division of the Supreme Court of the State of New York · 2007
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