Doherty v. County of Albany

Mercure, J.P.

Appeal from an order of the Supreme Court (Malone, Jr., J.), entered October 7, 2004 in Albany County, which partially granted defendants’ motion for summary judgment dismissing the complaint.

In 1986, defendants’ employees discovered an old storm water system comprised of handmade catch basins and 200 feet of eight-inch diameter clay piping under property located at 181 Niskayuna Road in the Town of Colonie, Albany County. Defendants, desiring to construct their own system under the property, blocked the existing storm water system and diverted the flow of water. In 1989,…