AMSTERDAM BRUSH CORP. v. CITY OF AMSTERDAM


105 A.D.2d 881 (1984)

Amsterdam Brush Corporation, Respondent, v. City of Amsterdam, Appellant

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

November 1, 1984


Plaintiff owns property on which it operates a factory in defendant City of Amsterdam, Montgomery County. Bunn Creek flows from defendant's reservoir through private and city property, including an abandoned city swimming pool, and onto plaintiff's property, where the creek flows under plaintiff's factory. On March 21, 1980, following a heavy rainfall, Bunn Creek flooded plaintiff's property causing extensive damage. Plaintiff commenced this action alleging that the flooding...

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