VINCIGUERRA v. STATE OF NEW YORK


262 A.D.2d 743 (1999)

693 N.Y.S.2d 634

STEPHEN VINCIGUERRA et al., Appellants, v. STATE OF NEW YORK, Respondent.

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

Decided June 10, 1999.


Peters, J.

Claimants purchased eight parcels of vacant, undeveloped land in a series of five transactions beginning in January 1973 and ending in November 1990. A concrete head wall and culvert, part of a drainage system for a nearby roadway, encroached approximately 2 to 2½ feet onto claimants' land and directed water across it. Claimants contend that it was not until 1989 that they discovered such intrusion during grading and filling of the property in anticipation...

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