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KOHLASCH v. NEW YORK STATE THRUWAY AUTHORITY

No. 76 Civ. 4395.

482 F.Supp. 721 (1980)

Frank W. KOHLASCH, as Executor of the Last Will and Testament of Frank W. Kohlasch, Deceased and Echo Bay Boat Yard, Inc., Plaintiffs, v. NEW YORK STATE THRUWAY AUTHORITY, Defendant. NEW YORK STATE THRUWAY AUTHORITY, Third-Party Plaintiff, v. CITY OF NEW ROCHELLE, Third-Party Defendant.

United States District Court, S. D. New York.

January 7, 1980.

Attorney(s) appearing for the Case

August C. Nimphius, Jr., White Plains, N. Y., for plaintiffs.

McGovern, Connelly & Davidson, New Rochelle, N. Y., for defendant and third party defendant City of New Rochelle; Frank H. Connelly, New Rochelle, N. Y., of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Plaintiffs, owner and lessee respectively of real property in the City of New Rochelle (the "City") seek damages from the City for injuries resulting from the discharge onto their property of drainage carried from City streets through a drain constructed by the defendant on land adjacent to plaintiffs' property. In addition, plaintiffs seek permanent injunctive relief against a continuation of such conduct.

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