Action for injunctive relief against the maintenance by defendants of a culvert and its appurtenances, built in part on plaintiffs' land, without permission, which blocked the flow of a stream so as to cause an overflow of sewage and surface waters upon the plaintiffs' premises, and to recover damages. Judgment for the plaintiffs unanimously affirmed, with costs. ( Sammons v. City of Gloversville, 175 N.Y. 346; Murcott v. City of New York, 181 App. Div. 171.) The cases invoked by the appellants ( Thomann v. City of Rochester, 256 N.Y. 165, and Realty Associates, Inc., v. Stoothoff, 258 App. Div. 462) concern a different and broader type of statute. Moreover in the Thomann case ( supra) the court recognized that its decision in nowise impaired the rule in the Sammons case ( supra).