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TATZEL v. KAPLAN

292 A.D.2d 440 (2002)

738 N.Y.S.2d 863

ROLAND TATZEL et al., Appellants, v. EVAN KAPLAN, Respondent.

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

Decided March 11, 2002.

Ordered that the order is affirmed, with costs.

It is well settled that a landowner will not be held liable for damages to abutting property caused by the flow of surface water due to improvements to his or her land provided that the improvements were made in good faith to fit the property for some rational use, and that the water was not drained onto the other property by artificial means, such as pipes or ditches (see, Kossoff v Rathgeb-Walsh, Inc.,

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