City of New York v. Village of Tannersville

Cross appeals from an order of the Supreme Court (Cobb, J.), entered May 14, 1998 in Greene County, which, inter alia, denied plaintiffs motion for a preliminary injunction and denied defendant’s cross motion to dismiss for failure to state a cause of action.

*878This appeal arises from defendant Village of Tannersville’s unfinished construction of a multi-use bicycle trail on an area of land located within the New York City watershed; the trail crosses and is adjacent to several water courses that ultimately drain or flow into the New York City water supply system. Plaintiff commenced this action…