COOPER v. SHARON SPRINGS CENTRAL SCHOOL DISTRICT


8 A.D.3d 734 (2004)

777 N.Y.S.2d 564

ROBERT COOPER et al., Respondents-Appellants, v. SHARON SPRINGS CENTRAL SCHOOL DISTRICT, Appellant-Respondent.

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

June 3, 2004.


Lahtinen, J.

A limestone cavern near Route 20 in the Village of Sharon Springs, Schoharie County, acts as a natural storm drain into which runs a watercourse created by natural drainage channels and artificial ditches from a watershed in excess of one square mile. The drainage area includes a pond and, before reaching the cavern, the watercourse passes through defendant's and then plaintiffs' properties. The cavern allegedly became partially filled with sediment and...

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