AMODEO v. TOWN OF MARLBOROUGH


307 A.D.2d 507 (2003)

763 N.Y.S.2d 132

JOHN AMODEO et al., Appellants, v. TOWN OF MARLBOROUGH, Respondent.

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

Decided July 10, 2003.


Peters, J.

Plaintiffs own two neighboring parcels in the Town of Marlborough, Ulster County, both of which are served by a storm water drainage system maintained by defendant. As here relevant, the drainage system begins at a state-owned box culvert on the west side of Route 9W which runs the water west to east underneath Route 9W to a catch basin located adjacent to plaintiffs' properties. There, the surface water from plaintiffs' properties and that accumulated...

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