PINE DRIVE ASSOC. v. TOWN OF OYSTER BAY


11 Misc.2d 924 (1957)

Pine Drive Associates, Inc., Plaintiff, v. Town of Oyster Bay et al., Defendants.

Supreme Court, Special Term, Nassau County.

December 9, 1957.


Attorney(s) appearing for the Case

Archer Scherl and Alexander Berley for plaintiff.

Michael J. Sullivan for defendants.


HOWARD T. HOGAN, J.

In this action to enjoin defendants from channeling and diverting surface waters from a town road onto plaintiff's property, the issue of the validity of a release of claim for damages, pleaded as an affirmative defense has been set for separate trial before this court.

Plaintiff is the owner of 12 acres of land with a frontage of 300 feet on Pine Road in Syosset, in the town of Oyster Bay. Pine Road is a public town highway...

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