MASON v. SIMMONS


114 A.D.2d 622 (1985)

Roger Mason et al., Respondents, v. Fred Simmons, Appellant

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

October 17, 1985


Kane, J.

Plaintiffs own parcels of property in the Town of Chatham, Columbia County, which are bounded by a natural stream. Defendant owns property in the Town of Old Chatham, Columbia County, and resides upstream from plaintiffs' properties. In 1977, through the use of various pipes and spillways, defendant constructed two ponds on his property. In 1983, defendant created a third pond on his property. All three of the ponds on defendant's property are...

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