DOHERTY v. COUNTY OF ALBANY


25 A.D.3d 855 (2006)

807 N.Y.S.2d 200

DANIEL L. DOHERTY, Appellant, v. COUNTY OF ALBANY et al., Respondents.

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

January 5, 2006.


Mercure, J.P.

In 1986, defendants' employees discovered an old storm water system comprised of handmade catch basins and 200 feet of eight-inch diameter clay piping under property located at 181 Niskayuna Road in the Town of Colonie, Albany County. Defendants, desiring to construct their own system under the property, blocked the existing storm water system and diverted the flow of water. In 1989, plaintiff purchased the property without notice of the old storm water...

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