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STANLEY NOWAK, ETC., ET AL., appellants-respondents, v. CAROLINE MADURA, ET AL., respondents-appellants.

DECISION ORDER

ORDERED that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

In this dispute over a watershed drainage area servicing the parties' respective properties, the Supreme Court properly dismissed the plaintiffs' first and third causes of action. The first cause of action, alleging that the defendants' unauthorized alterations to the drainage system servicing the area constituted a violation of Environmental Conservation Law § 15-1947(2), cannot be maintained. That statute does not confer a private cause of action (see Town of Wilson v. Town of Newfane, 181 A.D.2d 1045; cf. Carrier v. Salvation Army, 88 N.Y.2d 298, 302). The plaintiffs' third cause of action, sounding in trespass, was also properly dismissed, as the plaintiffs failed to establish that the defendants intentionally intruded on their property (see Iglesias v. Dazi, 253 A.D.2d 515, 516-517).

The Supreme Court properly declined to dismiss the second and fourth causes of action. In their second cause of action, the plaintiffs sufficiently set forth a claim to recover damages for private nuisance (cf. Weinberg v. Lombardi, 217 A.D.2d 579), and the fourth cause of action sufficiently states a claim for equitable relief pursuant to CPLR article 63.

The parties' remaining contentions are without merit.

ALTMAN, J.P., FEUERSTEIN, McGINITY and H. MILLER, JJ., concur.

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NOWAK v. MADURA
(Apr 21, 2003)