Legal Opinion

County on Nassau v. Cherry Valley Estates, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 1952PublishedCited by 5 opinions

1Opinion of the Court

Plaintiff town constructed a drainage system which collected surface waters in an area north of the property of the corporate defendant and channeled it into a watercourse whose source was on that defendant’s property. There was proof that this construction did not increase the flow of surface water on to that property over the volume of water which would have flowed naturally thereon due to the topography of the area. The corporate defendant, acting through the individual defendant (its vice-president), filled in the watercourse and the obstruction caused a stagnant pool of water which is…

2Cases cited1 opinion

  1. Barkley v. . WilcoxNew York Court of Appeals · 1881

3Cited by5 opinions

  1. Buffalo Sewer Authority v. Town of CheektowagaNew York Court of Appeals · 1967
  2. Drive-In Realty Corp. v. LewisNew York Supreme Court · 1961
  3. Hanley v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2021
  4. Capita v. Port Washington Yacht Club, Inc.New York Supreme Court · 1958
  5. Stonedge Estates, Inc. v. City of New YorkNew York Supreme Court · 1965

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