Appellate Division of the Supreme Court of the State of New York October 1, 2002 (DiMarzo v. Fast Trak Structures, Inc.)

—Appeal from an order and judgment (one document) of Supreme Court, Monroe County (Bergin, J.), entered May 9, 2001, which after a nonjury trial granted a permanent injunction enjoining defendants Webster *910Properties, LLC and Nissan of Webster, LLC from discharging water onto plaintiff’s property at a greater volume or greater rate of flow than existed prior to the development of the Nissan