VILL. OF SCHOHARIE v. COONS


34 A.D.2d 701 (1970)

Village of Schoharie, Appellant, v. Kenneth Coons et al., Respondents

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

April 20, 1970


REYNOLDS, J. P.

About three months after the respondents in 1962 purchased a parcel of real property located in the Village of Schoharie, they allegedly first discovered the existence of a tile conduit which formed a portion of the surface water drainage system of the appellant. This conduit, which terminated on respondents' property, discharged water onto a portion of respondents' property which had been swamp land partially covered with undergrowth...

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