E. B. METAL & RUBBER INDUS., INC. v. COUNTY OF WASHINGTON


128 A.D.2d 982 (1987)

E. B. Metal & Rubber Industries, Inc., Appellant, v. County of Washington et al., Defendants, and Town of Whitehall, Respondent. (Action No. 1.) Rochester Germicide Company, Appellant, v. County of Washington et al., Defendants, and Town of Whitehall, Respondent. (Action No. 2.)

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

March 19, 1987


Mahoney, P. J.

On March 14, 1977, an earthen dike along the Champlain Barge Canal was breached causing water to flood the premises of E. B. Metal & Rubber Industries, Inc., and causing extensive damage. Personal property of Rochester Germicide Company, located on E. B. Metal's land, was also damaged. The property of E. B. Metal is located in the Town of Whitehall, Washington County, and is situated on an island bounded on the west by the canal and...

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