TOWN OF ELMIRA v. HUTCHISON


53 A.D.3d 939 (2008)

862 N.Y.S.2d 196

TOWN OF ELMIRA, Respondent, v. MARK HUTCHISON et al., Appellants, et al., Defendants.

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

Decided July 24, 2008.


Kavanagh, J.

In 1991, defendants Yunis Enterprises, Inc. and Longmeadow Townhouses Homeowners Association, Inc. granted plaintiff a 30-foot-wide drainage easement across a parcel of property which was later conveyed to defendants Mark Hutchison and Donna Hutchison (hereinafter collectively referred to as defendants). When a new residential development was approved and added to plaintiff's water district, plaintiff notified defendants of its intent to modify the drainage...

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