Majority
—In an action, inter alia, to recover for property damage, the defendant appeals from so much of an order of the Supreme Court, Orange County (McGuirk, J.), dated May 8, 2001, as denied that branch of its motion pursuant to CPLR 3211 (a) (1) and (7) which was to dismiss the first and second causes of action asserted in the complaint, among other things, for failure to state a cause of action.
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly denied that branch of the defendant’s motion which was pursuant to CPLR 3211 (a) (1) and (7) to dismiss the plaintiffs first and second causes of ac
The second cause of action, which seeks a permanent injunction, sufficiently alleges a cause of action based on nuisance and trespass premised on the plaintiff’s claims that the Town diverted storm and surface water onto his property, causing flooding (see Zimmerman v Carnack, 292 AD2d 601 ).
The Town’s remaining contentions are without merit. O’Brien, J.P., Friedmann, H. Miller and Crane, JJ., concur.
Cases cited
- Leon v. Martinez 84 NY2d 83 at 87 p. 427
- Farmer v. Green Bus Lines, Inc. 254 AD2d 389 at 390 p. 427
- Colgan v. Town of Hillsdale 68 NY2d 788 at 789 p. 427
- Zeltmann v. Town of Islip 265 AD2d 407 at 408 p. 427
- Biernacki v. Village of Ravena 245 AD2d 656 at 657 p. 427
- Zimmerman v. Carmack 292 AD2d 601 p. 427