HANLEY v. STATE OF NEW YORK

965 CA 20-00514.

193 A.D.3d 1397 (2021)

147 N.Y.S.3d 277

2021 NY Slip Op 02690

Roger Hanley et al., Appellants, v. State of New York, Respondent. (Claim No. 120675.)

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

Decided April 30, 2021.


Attorney(s) appearing for the Case

THE LAW OFFICE OF PARKER R. MACKAY, KENMORE ( PARKER R. MACKAY OF COUNSEL), FOR CLAIMANTS-APPELLANTS.

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( OWEN DEMUTH OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Smith, J.P., Carni, Troutman, Bannister and DeJoseph, JJ.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Claimants commenced this private nuisance action seeking to recover for property damage allegedly caused by certain alterations defendant made to the road adjacent to claimants' home. Claimants alleged that defendant installed a curb along the road in a manner that obstructed lateral water drainage from claimants' land, thereby causing water to accumulate on claimants...

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