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Missall v. Palma

Appellate Division of the Supreme Court of New York, Second Department
Jun 14, 1943
266 App. Div. 861 (N.Y. App. Div. 1943)

Opinion

June 14, 1943.

Present — Hagarty, Carswell, Adel, Taylor and Lewis, JJ.


Action for injunctive relief against the maintenance by defendants of a culvert and its appurtenances, built in part on plaintiffs' land, without permission, which blocked the flow of a stream so as to cause an overflow of sewage and surface waters upon the plaintiffs' premises, and to recover damages. Judgment for the plaintiffs unanimously affirmed, with costs. ( Sammons v. City of Gloversville, 175 N.Y. 346; Murcott v. City of New York, 181 App. Div. 171.) The cases invoked by the appellants ( Thomann v. City of Rochester, 256 N.Y. 165, and Realty Associates, Inc., v. Stoothoff, 258 App. Div. 462) concern a different and broader type of statute. Moreover in the Thomann case ( supra) the court recognized that its decision in nowise impaired the rule in the Sammons case ( supra).


Summaries of

Missall v. Palma

Appellate Division of the Supreme Court of New York, Second Department
Jun 14, 1943
266 App. Div. 861 (N.Y. App. Div. 1943)
Case details for

Missall v. Palma

Case Details

Full title:KATHRYN MISSALL et al., Respondents, v. JOSEPH A. PALMA, as President of…

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

Date published: Jun 14, 1943

Citations

266 App. Div. 861 (N.Y. App. Div. 1943)

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