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LONG v. SAGE ESTATE HOMEOWNERS ASSOCIATION, INC.

16 A.D.3d 963 (2005)

792 N.Y.S.2d 219

R. JAMES LONG, Appellant, v. SAGE ESTATE HOMEOWNERS ASSOCIATION, INC., et al., Respondents. (And a Third-Party Action.)

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

March 24, 2005.

Carpinello, J.

Plaintiff's residence, located on a lot in the Village of Menands, Albany County, is abutted on its westerly side by two uphill parcels, one owned by third-party defendant St. Joan of Arc Church and the other by defendant Gary L. Greenhouse. According to plaintiff, his property was never subjected to flooding until Greenhouse purchased a previously undeveloped lot in a subdivision known as Sage Estates in 1994 and thereafter built a home on it. Specifically...

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