BROWN v. NEELY


197 Misc. 173 (1949)

Jacob J. Brown et al., Plaintiffs, v. Dennis W. Neely et al., Defendants.

Supreme Court, Westchester County.

November 17, 1949.


Attorney(s) appearing for the Case

G. Michael Hanrahan and John F. Hyland for plaintiffs.

Gordon Miller for defendants.


J. ADDISON YOUNG, Official Referee.

This action was brought to secure a judgment enjoining the defendants from interfering with the waters of a brook flowing through lands of other owners and the plaintiffs' and defendants' lands. Plaintiffs claim that the defendants destroyed an iron pipe which carried the waters of this brook, and that this breaking caused the water to back up and enter plaintiffs' cellar damaging the cement floor thereof and the foundations...

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