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MARINACCIO v. TOWN OF CLARENCE

CA 10-00292.

90 A.D.3d 1599 (2011)

936 N.Y.S.2d 412

2011 NY Slip Op 9691

PAUL MARINACCIO, SR., Respondent, v. TOWN OF CLARENCE, Defendant, and KIEFFER ENTERPRISES, INC., Appellant. (Appeal No. 1.).

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided December 30, 2011.

It is hereby ordered that the judgment so appealed from is affirmed without costs.

Memorandum: Plaintiff commenced this action asserting causes of action for, inter alia, trespass and private nuisance and seeking damages for flooding on his property allegedly caused by the intentional flow of water onto his property. The water originated from a subdivision (hereafter, subdivision) developed by defendant Kieffer Enterprises, Inc. (KEI) on land adjacent to plaintiff...

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