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BATAVIA TURF FARMS, INC. v. COUNTY OF GENESEE

239 A.D.2d 903 (1997)

659 N.Y.S.2d 681

Batavia Turf Farms, Inc., Appellant, v. County of Genesee, Respondent and Third-Party Plaintiff-Appellant. Calocerinos & Spina Engineers, P. C., Third-Party Defendant-Respondent. C & S Engineers, Fourth-Party Plaintiff, v. Cold Spring Construction Company, Inc., Fourth-Party Defendant-Respondent. (Appeal No. 1.)

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

May 30, 1997

Judgment unanimously affirmed without costs.

Memorandum:

Plaintiff contends that Supreme Court erred in instructing the jury that, in order to sustain a strict liability claim, plaintiff must prove that defendant substantially increased by artificial means the quantity or rate of flow of surface water onto its property. Plaintiff further contends that the court erred in submitting to the jury special interrogatories...

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