Lopez v. Adams

69 A.D.3d 1162, 895 N.Y.2d 532
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 21, 2010
StatusPublished
Cited by13 cases

This text of 69 A.D.3d 1162 (Lopez v. Adams) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lopez v. Adams, 69 A.D.3d 1162, 895 N.Y.2d 532 (N.Y. Ct. App. 2010).

Opinion

Garry, J.

Plaintiffs commenced this action alleging that their adjoining parcels of land in the Town of Cumberland, Sullivan County were damaged by repairs carried out by defendants Robert Ad[1163]*1163ams and Brian Kilcommons (hereinafter collectively referred to as defendants) on an easement that defendants held across plaintiffs’ properties. The subject easement is a private roadway that runs up a steep incline along the boundary line between plaintiffs’ properties to access defendants’ properties above, bordered by an embankment on property owned by plaintiffs Gene Bierhorst and Susan Bierhorst and a stream on property owned by plaintiff Margarita Lopez. In 2004, defendants decided to repair and improve the road, and undertook to do so. During roughly the following two years, defendants engaged in some further efforts to improve the condition of the roadway and to address erosion control upon the surrounding property. In this same period, three severe storms caused floods and damage to plaintiffs’ properties.

Plaintiffs commenced this action alleging that defendants carried out the work negligently and caused damage to their properties, both by subjecting their properties to flood and erosion damage and by directly damaging the Bierhorsts’ cesspool and water supply. Defendants denied these claims, though admitting that, in the course of their work, they drove the bulldozer across the Bierhorsts’ property in the area of the cesspool and, also, that they had removed a concrete dam from the stream on Kilcommons’ property.

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Cite This Page — Counsel Stack

Bluebook (online)
69 A.D.3d 1162, 895 N.Y.2d 532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lopez-v-adams-nyappdiv-2010.