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KOSSOFF v. RATHGEB-WALSH, INC.

3 A.D.2d 712 (1957)

Irving Kossoff, Doing Business as Lane Stationery Company, Appellant, v. Rathgeb-Walsh, Inc., et al., Respondents

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

February 4, 1957

Judgment affirmed, with costs. (Bennett v. Cupina, 253 N.Y. 436.)

Nolan, P. J., dissents and votes to reverse the judgment and to grant a new trial, with the following memorandum:

The evidence was sufficient to present a question of fact as to whether or not the natural flow of the surface water from the higher ground adjacent to appellant's property had been diverted by grading and paving and by the erection of structures thereon to appellant...

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