BAUMLER v. TOWN OF NEWSTEAD


247 A.D.2d 861 (1998)

668 N.Y.S.2d 814

James R. Baumler et al., Respondents, v. Town of Newstead, Appellant

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

February 4, 1998


Order unanimously reversed on the law with costs and motion denied.

Memorandum:

Supreme Court erred in granting partial summary judgment on liability to plaintiffs on their causes of action for nuisance and interference with riparian rights. On a prior appeal, we denied plaintiffs' initial motion for partial summary judgment, which was based upon the affidavit of an expert in hydrogeology who relied upon data and conclusions reported in a geological survey...

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