Mellon v. Street
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtReynolds, J.
This is an appeal from a judgment of the Supreme Court, Warren County, perpetually enjoining appellants from interfering with the flow of water across their lands to respondents’ land by stream or pipe, declaring that the appellants’ land is subject to a perpetual right and easement appurtenant to the land of respondents and that respondents may enter on appellants’ property to lay and maintain necessary pipes, and awarding respondents $39 in damages.
While no adequate findings wore made as required by CPLB 4213 (subd. [b]), the record appears complete and thus this court may make the…
2Cases cited3 opinions
- Buffalo Academy of Sacred Heart v. Boehm Bros.New York Court of Appeals · 1935
- Spencer v. Standard Chemicals & Metals Corp.New York Court of Appeals · 1924
- Kemp v. Owego Water WorksAppellate Division of the Supreme Court of the State of New York · 1944
3Cited by5 opinions
- Kay-Fries, Inc. v. MartinoAppellate Division of the Supreme Court of the State of New York · 1980
- Keklak v. KeklakAppellate Division of the Supreme Court of the State of New York · 1975
- Katzenstein v. KatzensteinAppellate Division of the Supreme Court of the State of New York · 1982
- Motorola Communications & Electronics, Inc. v. National Equipment Rental, Ltd.Appellate Division of the Supreme Court of the State of New York · 1980
- In re Mildred Jeraldine C.Appellate Division of the Supreme Court of the State of New York · 2005