COUNTY OF NASSAU v. CHERRY VALLEY ESTATES, INC.


281 A.D. 692 (1952)

County of Nassau et al., Appellants, v. Cherry Valley Estates, Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 15, 1952.


Judgment unanimously affirmed, with costs.

Defendants have the right to improve their property by preventing the flow of surface water on their land. (Barkley v. Wilcox, 86 N.Y. 140.) There is a distinction between casting water on the land of another and the right of that other to prevent the flow of surface water on his land. (Barkley v. Wilcox, supra.) This case is concerned solely with the rights...

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