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ZUTT v. STATE OF NEW YORK

2010-10561.

99 A.D.3d 85 (2012)

949 N.Y.S.2d 402

2012 NY Slip Op 5645

In the Matter of WILLIAM A. ZUTT et al., Respondents, v. STATE OF NEW YORK, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 18, 2012.

Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General, New York City ( Richard Dearing and Monica Wagner of counsel), for appellant.

Daniels and Porco, LLP, Carmel ( Robert C. Lusardi of counsel), for respondents.

DICKERSON, LEVENTHAL and HALL, JJ., concur.

OPINION OF THE COURT

ANGIOLILLO, J.P.

More than a decade ago, homeowners William A. Zutt and Diane Zutt (hereinafter together the Zutts) commenced the first in a series of actions and proceedings to prevent the State of New York from draining stormwater over their property. The Zutts have prevailed in all previous litigation, collecting damages for trespass and obtaining injunctive relief. Nevertheless, in 2010, the State invoked its powers of eminent domain...

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