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NACCARATO v. SINNOTT

528269.

176 A.D.3d 1467 (2019)

111 N.Y.S.3d 142

2019 NY Slip Op 07672

John R. Naccarato et al., Appellants, v. Robert Sinnott et al., Respondents.

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

Decided October 24, 2019.

Attorney(s) appearing for the Case

Douglas J. Rose, Pittsfield, Massachusetts, for appellants.

Maynard, O'Connor, Smith & Catalinotto, LLP, Albany (Bridget M. Schultz of counsel), for respondents.

Garry, P.J., Mulvey and Devine, JJ., concur.

Plaintiffs and defendants are adjoining landowners in the Town of Saugerties, Ulster County. Defendants purchased their property, located uphill from plaintiffs' property, in 1997. Plaintiffs purchased their neighboring downhill property in 1999 and built their home there in 2001. In 2007, defendants constructed a drain system (hereinafter...

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