MALCURIA v. TOWN OF SENECA


84 A.D.2d 931 (1981)

Patrick Malcuria et al., Respondents-Appellants, v. Town of Seneca, Appellant-Respondent, et al., Defendant

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

November 13, 1981


Judgment unanimously modified and, as modified, affirmed, with costs to plaintiffs, in accordance with the following memorandum: In an action to restrain defendants from discharging water upon plaintiffs' lands, and for other relief, defendant Town of Seneca appeals from a judgment which permanently enjoined it from using plaintiffs lands for the drainage of water flowing from the west side of Gates Road, and which dismissed on...

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