Raymond Stormes sued United Water New York--the owner and operator of a nearby dam and reservoir--claiming the company was responsible for the flooding of his property back in 2007.
Stormes alleged that United had negligently operated the dam because excess water hadn't been released before a major storm hit the area.
When the Rockland County Supreme Court rejected United's claim that it had no obligation to prevent, control, or mitigate the flood, the utility appealed.
While courts won't usually ascribe liability when nature runs its course, particularly when a dam isn't designed for flood-control purposes, because United didn't show that the damage was inevitable (and would have occurred in any event), the AD2 thought the case needed to flow ... freely.
Damn!
To view a copy of the Appellate Division's decision, please use this link: Stormes v. United Water N.Y., Inc.