DOAR v. KOZICK


87 A.D.2d 603 (1982)

John Doar, Respondent, v. Paul Kozick, Individually and as Fee Owner of Certain Lands in Dutchess County Herein Described, Appellant

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

March 15, 1982


Order reversed, on the law, with $50 costs and disbursements, and motion granted.

Plaintiff is the owner of a parcel of land on which he maintains a summer residence. At the time he purchased the property, and at all times since, a natural brook flowed through his land and passed close to his home. In December, 1972, the defendant acquired certain real estate which was upstream from the plaintiff's property. In 1973, the defendant began to develop his property, intending...

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