CURTIS v. TOWN OF CLINTON


183 A.D.2d 1058 (1992)

Wilbur Curtis et al., Appellants, v. Town of Clinton, Respondent

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

May 14, 1992


Casey, J.

Defendant had installed and maintained a concrete box culvert under Fiddlers Bridge Road in the Town of Clinton, Dutchess County, since the 1930s. Fiddlers Bridge Road was the southerly boundary of plaintiffs' property, which they purchased in 1970, and Center Road the easterly boundary. The culvert carried drainage across plaintiffs' property in a defined channel, past a spring that provided drinking water and eventually into Wappingers Creek...

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