Judgment reversed, on the law and on the facts, and new trial granted for the limited purpose stated hereinbelow, with costs to abide the event.
Plaintiffs, purchasers of a new home from defendant developer, sought to compel the latter to enter upon adjoining properties within the development, under a reservation of drainage easement, in order to install drainage facilities for the purpose of carrying away surface waters which are eroding plaintiffs' land. Defendant...
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