Tench v. Highfield Estates, Inc.

Appellate Division of the Supreme Court of New York

Tench v. Highfield Estates, Inc.

2 A.D.2d 991, 157 N.Y.S.2d 850, 1956 N.Y. App. Div. LEXIS 3573

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 17, 1956

StatusPublished

This text of 2 A.D.2d 991 (Tench v. Highfield Estates, Inc.) 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

Tench v. Highfield Estates, Inc., 2 A.D.2d 991, 157 N.Y.S.2d 850, 1956 N.Y. App. Div. LEXIS 3573 (N.Y. Ct. App. 1956).

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Opinion

Action to recover damages alleged to have been caused by a change of grade of real property resulting in the collecting of surface rain water and the directing of said water to overflow onto the adjoining land, and for other relief. The appeals are from orders dismissing the complaint under subdivision 4 of rule 106 and subdivision 4 of rule 107 of the Rules of Civil Practice. Orders unanimously affirmed, with one bill of $10 costs and disbursements. The complaint does not allege that the water was collected or directed by means of ditches, drains, or channels. (Cf. Bennett v. Cupina, 253 N. Y. 436; Barkley v. Wilcox, 86 N. Y. 140.) Present—Wenzel, Acting P. J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ.

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Action to recover damages alleged to have been caused by a change of grade of real property resulting in the collecting of surface rain water and the directing of said water to overflow onto the adjoining land, and for other relief. The appeals are from orders dismissing the complaint under subdivision 4 of rule 106 and subdivision 4 of rule 107 of the Rules of Civil Practice. Orders unanimously affirmed, with one bill of $10 costs and disbursements. The complaint does not allege that the water was collected or directed by means of ditches, drains, or channels. (Cf. Bennett v. Cupina, 253 N. Y. 436; Barkley v. Wilcox, 86 N. Y. 140.) Present—Wenzel, Acting P. J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ.

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Bluebook (online)

2 A.D.2d 991, 157 N.Y.S.2d 850, 1956 N.Y. App. Div. LEXIS 3573, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tench-v-highfield-estates-inc-nyappdiv-1956.

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