MATTER OF SMITHLINE v. TOWN AND VILLAGE OF HARRISON

2014-07297.

131 A.D.3d 1173 (2015)

16 N.Y.S.3d 823

2015 NY Slip Op 06921

In the Matter of RICHARD SMITHLINE et al., Petitioners, v. TOWN AND VILLAGE OF HARRISON, Respondent.

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

Decided September 23, 2015.


Adjudged that the determination is confirmed, with costs, the petition is denied, and the proceeding is dismissed on the merits.

The petitioners are homeowners in the Town and Village of Harrison (hereinafter together the Town). A neighboring roadway running roughly parallel to their property is prone to significant flooding, resulting in pools of water up to six-feet deep, which renders the right-of-way impassable for individuals and emergency vehicles. Accordingly...

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