BESICORP GROUP, INC. v. STATE


208 A.D.2d 1176 (1994)

617 N.Y.S.2d 939

Besicorp Group, Inc., Appellant, v. State of New York, Respondent

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

October 27, 1994


Mercure, J. P.

Claimant brought this claim to recover for damage to its real property situated on the bank of the Beerkill in the Village of Ellenville, Ulster County, allegedly sustained as a result of the State's participation in the installation of a thalweg, or V-shaped notch, cut in a rock ledge that extended across the stream. The theory underlying the claim is that the notch was negligently designed and installed such that it caused the diversion...

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