McHUGO v. KOZAK


18 Misc.2d 53 (1958)

James McHugo et al., Plaintiffs, v. Peter Kozak et al., Defendants.

Supreme Court, Oneida County.

December 17, 1958.


Attorney(s) appearing for the Case

Howard D. Seld for plaintiffs.

Capecelatro & Capecelatro for defendants.


HENRY A. HUDSON, J.

This is an application for an injunction pendente lite to restrain the defendants from interfering with the alleged natural channel of a stream commonly known as Mud Creek in the Town of New Hartford, Oneida County, New York.

The plaintiffs, whose property adjoins the defendants', upstream on Mud Creek, so-called, allege that the defendants have placed an obstruction across the natural channel of the stream and have...

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