Langdon v. Town of Webster
Cases that cite this one
10 later published cases cite this decision.
- Gollomp v. Dubbs (Appellate Division of the Supreme Court of New York 2001)
- Condello v. Town of Irondequoit (Appellate Division of the Supreme Court of New York 1999)
- WICKS, JR., RICHARD A. v. KELLY, MICHAEL J. (Appellate Division of the Supreme Court of New York 2014)
- Wicks v. Kelly (Appellate Division of the Supreme Court of New York 2014)
- Wicks v. Kelly (Appellate Division of the Supreme Court of New York 2014)
- BOARDMAN, HARRIET C. v. CHURCH OF THE TRANSFIGURATION (Appellate Division of the Supreme Court of New York 2011)
- Boardman v. Church of Transfiguration (Appellate Division of the Supreme Court of New York 2011)
- Mount Zion Ministries Church, Inc. v. Hines Color, Inc. (Appellate Division of the Supreme Court of New York 2005)
- Selter v. MCM Distributors, Inc. (Appellate Division of the Supreme Court of New York 2002)
- Kane v. Shephard (Appellate Division of the Supreme Court of New York 1998)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted the motions of the Town of Webster and Charles Costich, P.E., L.S., P. C., and the cross motion of Visca Builders, Inc., for summary judgment dismissing the complaint. It is well established that a landowner is not liable for damages to abutting property for the flow of surface water resulting from improvements to his or her land so long as "the improvements are made in good faith to fit the property to some rational use to which it is adapted, and * * * the water is not drained into the other property by means of pipes or ditches” (Kossoff v Rathgeb-Walsh, Inc., 3 NY2d 583, 589-590; see, Osgood v Bucking-Reddy, 202 AD2d 920, 921). "Thus, a plaintiff seeking to recover must establish that the improvements on the defendant’s land caused the surface water to be diverted, that damages resulted and either that artificial means were used to effect the diversion or that the improvements were not made in a good faith effort to enhance the usefulness of the defendant’s property” (Cottrell v Hermon, 170 AD2d 910, 911, lv denied 78 NY2d 853).
Here, defendants established their entitlement to summary judgment, and plaintiff failed to raise a factual issue whether
Case-law data current through December 31, 2025. Source: CourtListener bulk data.