Batavia Turf Farms, Inc. v. County of Genesee

Judgment unanimously affirmed without costs. Memorandum: Plaintiff contends that Supreme Court erred in instructing the jury that, in order to sustain a strict liability claim, plaintiff must prove that defendant substantially increased by artificial means the *904quantity or rate of flow of surface water onto its property. Plaintiff further contends that the court erred in submitting to the jury special interrogatories to that effect. We agree with defendant that plaintiff was not entitled to a strict liability charge in the first instance. The record establishes that, in its notice of claim and…