Sherman v. John P. Cunningham & Sons, Inc.

—In an action, inter alia, to permanently enjoin the defendant from draining certain storm and sewer water over an easement and right-of-way, the plaintiffs appeal from an order and judgment (one paper) of the Supreme Court, Dutchess County (Jiudice, J.), dated October 7, 1997, which granted the defendant’s motion for summary judgment and dismissed the complaint.

Ordered that the order and judgment is reversed, with costs, the motion for summary judgment is denied, and the complaint is reinstated.

We agree with the plaintiffs that the Supreme Court *375improperly granted the defendant’s motion for…