Appellate Division of the Supreme Court of the State of New York November 13, 1981 (Malcuria v. Town of Seneca)

Judgment unanimously modified and, as modified, affirmed, with costs to plaintiffs, in accordance following memorandum: In an action to restrain defendants from discharging water upon plaintiffs’ lands, and for other relief, defendant Town of Seneca appeals from a judgment which permanently enjoined it from using plaintiffs *932lands for the drainage of water flowing from the west Side of Gates