Appellate Division of the Supreme Court of the State of New York December 30, 2011, Appeal No. 1 (Marinaccio v. Town of Clarence)

Memorandum:

Plaintiff commenced this action asserting causes of action for, inter alia, trespass and private nuisance and seeking damages for flooding on his property allegedly caused by the intentional flow of water onto his property. The water originated from a subdivision (hereafter, subdivision) developed by defendant Kieffer Enterprises, Inc.