Legal Opinion
Amsterdam Brush Corp. v. City of Amsterdam
Appellate Division of the Supreme Court of the State of New York
Decided November 1, 1984PublishedCited by 4 opinions
1Opinion of the Court
Appeal from an order of the Supreme Court at Special Term (Shea, J.), entered August 5, 1983 in Montgomery County, which denied defendant’s motion to dismiss the complaint for failure to state a cause of action.
Plaintiff owns property on which it operates a factory in defendant City of Amsterdam, Montgomery County. Bunn Creek flows from defendant’s reservoir through private and city property, including an abandoned city swimming pool, and onto plaintiff’s property, where the creek flows under plaintiff’s factory. On March 21, 1980, following a heavy rainfall, Bunn Creek flooded plaintiff’s…
2Cases cited7 opinions
- Garrett v. Holiday Inns, Inc.New York Court of Appeals · 1983
- O'Donnell v. . City of SyracuseNew York Court of Appeals · 1906
- Klimek v. Town of GhentAppellate Division of the Supreme Court of the State of New York · 1979
- Office Park Corp. v. County of OnondagaAppellate Division of the Supreme Court of the State of New York · 1978
- Zumbo v. Town of FarmingtonAppellate Division of the Supreme Court of the State of New York · 1978
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3Cited by4 opinions
- Barsh v. Town of UnionAppellate Division of the Supreme Court of the State of New York · 1987
- Walker v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 1993
- Lawrence v. Town of East FishkillAppellate Division of the Supreme Court of the State of New York · 1990
- Cooper v. Sharon Springs Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2004