MASON v. SIMMONS


139 A.D.2d 880 (1988)

Roger Mason et al., Appellants, v. Fred Simmons, Respondent

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

April 28, 1988


Casey, J.

Plaintiffs commenced this action on or about May 16, 1984 seeking injunctive, declaratory and monetary relief as the result of defendant's alleged wrongful diversion and obstruction of a natural stream which flowed from defendant's property to plaintiffs' property. Accompanying the complaint was a motion for a preliminary injunction, which Supreme Court denied by decision dated October 5, 1984 for "plaintiffs' failure to demonstrate a substantial...

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