Jeanette Goldstein v. County Monroe Et Al‪.‬

Plaintiff is the owner of improved real property situate in the Town of Pittsford, Monroe County, to the rear of which is located a body of water known as Knowlton Creek. The creek flows in a westerly direction from the east side of East Avenue to the east branch of Allens Creek. Plaintiffs complaint alleges that the defendants increased the volume and rate of water entering Knowlton Creek which raised the water table on her property and resulted in water damage to her home in August, 1978. Defendants County of Monroe (County) and Irondequoit Bay Pure Waters District (Pure Waters) appeal from an order denying their motion to dismiss the complaint pursuant to CPLR 3211 (subd [a], pars 5, 7).