KOSSOFF v. RATHGEB-WALSH


3 N.Y.2d 583 (1958)

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

Court of Appeals of the State of New York.

Decided January 23, 1958.


Attorney(s) appearing for the Case

H. Theodore Subkow, Joseph F. Valente and George Franklyn Muth for appellant.

Charles Bakos and William C. Morris for Rathgeb-Walsh, Inc., respondent.

James Dempsey and Bartholomew A. Moynahan for the Texas Company and another, respondents.

Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL and BURKE concur.


VAN VOORHIS, J.

This action involves damage by surface water flowing from one lot upon an adjoining lot. Both of these parcels of land are on a slope on the southeast side of Wolf's Lane, in the village of Pelham in Westchester County. The defendants' parcel is at the higher elevation. The sidewalk in front of both premises slopes downward to the next intersecting street. The maximum difference in elevation between...

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