Brew v Brew

Holding The court reversed the lower court’s grant of partial summary judgment, finding that the plaintiff raised a triable issue of fact regarding whether the defendants’ construction of a new roof and driveway constituted artificial means that diverted surface water onto the plaintiff’s property. The court determined that the creation of over 1,000 square feet of new impervious surface was sufficient to challenge the defendants’ claim that no artificial diversion occurred.

The court’s words

creation of 460 square feet of new roof and 780 square feet of new parking area/driveway . . . result[ing] in the creation of more than 1,000 square feet of newly constructed impervious surface

2026 NY Slip Op 06187, at the official text

significantly and artificially altered stormwater drainage patterns and [had] produced an increase in the flow of surface water onto [p]laintiff's property

2026 NY Slip Op 06187, at the official text

natural ground surface that is not entirely impervious that would capture stormwater and impede runoff

2026 NY Slip Op 06187, at the official text

defendants met their initial burden on summary judgment, shifting the burden to plaintiff to raise an issue of fact

2026 NY Slip Op 06187, at the official text