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Yahoo
7 days ago
- Climate
- Yahoo
If a neighbor's water runoff damages your property, are they liable in NY?
Your neighbor decides to blacktop a driveway once covered with grass that acted as a sponge, sopping up rainwater. But after a deluge, water comes rushing into your basement. Can you sue your neighbor? Sure. But you may not win. What are NY's laws on water runoff? New York State law on the topic has evolved through the years. In the old days, under English common law, water was once viewed as a common enemy. And as with any enemy, homeowners had the right to defend themselves by, for instance, digging ditches to redirect the natural flow of water away from their property even if water might flow onto someone else's property. Stay safe Tips for motorists to stay safe during flooding. Watch the video. But development creates more conflicts and courts were increasingly being asked to act as a referee. Here's how Darrell W. Harp, the former chief counsel to the state Department of Transportation, described it in a 2015 report for the Cornell Local Roads Program, New York State Local Technical Assistance Program Center: 'The 'common-enemy rule' was generally modified so that a lower landowner was not normally entitled to cast back surface waters by damming a natural watercourse, and an upland owner was not entitled to artificially collect surface waters and discharge them in a mass upon the land below to its damage (e.g., by piping or draining into ditches so that surface waters released on lower land caused erosion or flooding).' Simply put, the law changed through the years to consider the damage that altering the natural flow of water could have on a neighbor's property. A 'reasonable' standard on where you're sending water 'The courts pretty much said let's be reasonable about this,' said David Orr, who heads the Cornell Local Roads Program and fields these sorts of questions from highway departments and homeowners. That led to the "reasonable use" standard. Basically, you should not knowingly make decisions on your property that'll cause water to flow onto your neighbor's property. Here's Orr's take on what's reasonable and what's not: 'If I've got a piece of property and I want to put a road to go up to the back half of it, do I have a right to do that. Well, yeah, you do. Do I have a right to cross a stream? Yeah, but I might need to put a culvert in. In fact, there may be a requirement from an environmental standpoint… If I create a gulley that washes into somebody's property, no. If I back water up onto somebody else's property or keep the water down? No, that's not good either. That's the reasonableness factor.' DIY: Check out deals from Home Depot for home improvement, repairs, and everything else by clicking here Groundbreaking decision in water runoff dispute The leading New York case on the topic — Kossoff v. Rathgeb-Walsh — came out of the village of Pelham in Westchester County in 1958. In that case a landowner put a gas station on his property, causing water to seep into a neighbor's basement. The lot was raised and blacktopped, which sped the flow of water onto a neighbor's property, damaging property in the basement, according to the decision. The gas station owner did not install pipes, drains or ditches and acted in good faith to improve his property. The lawsuit was tossed. As Harp writes: 'The thing to remember is that reasonable blacktopping, paving, grading, improvements, or construction done in good faith that disturbs the natural flow of surface water drainage to the damage of a lower owner is not actionable unless the drainage is artificially caused to be collected in a mass, as in a pipe, ditch or drain.' Of course, facts matter. Some cases are closer calls than others. Best to consult an attorney. Thomas C. Zambito covers energy, transportation and economic growth for the USA Today Network's New York State team. He's won dozens of state and national writing awards from the Associated Press, Investigative Reporters and Editors, the Deadline Club and others during a decades-long career that's included stops at the New York Daily News, The Star-Ledger of Newark and The Record of Hackensack. He can be reached at tzambito@ This article originally appeared on Rockland/Westchester Journal News: 'Common-enemy rule': Can homeowners sue neighbors for water runoff damage? Solve the daily Crossword
Perth Now
13-06-2025
- Business
- Perth Now
Huge update for iconic fashion brand
Iconic Australian shoe retailer Wittner has been saved from liquidation, with the century-old business sold to private fashion business The Shoe Group. Deloitte administrators David Orr, Sal Algeri and Daniel Demir delivered the announcement on Friday morning, nearly two months after the retailer tumbled into administration in mid-April. 'The proposed sale represents a major milestone for a more than 100-year-old heritage brand, achieved under an accelerated timeline and in the context of a challenging retail environment,' Mr Demir said. 'We have worked closely with the Wittner team to maintain trading stability throughout the administration process and are pleased to make today's announcement to secure the future of this iconic Australian brand.' Wittner has been saved from liquidation through a sale to The Shoe Group. Erina Fair Credit: Supplied Wittner has entered into a 'period of exclusivity' with the Shoe Group, which is expected to acquire a majority of the business. The Shoe Group is a privately owned Australian company with its own portfolio of brands and an extensive retail store network, direct online and marketplace sites and wholesale customers. Shoe Group chairman Ian Unwin said his company was 'excited' about bringing in Wittner. 'It is a brand with a proud legacy and strong customer following, and we look forward to supporting its continued success,' he said. Wittner, founded in 1912, specialised in women's shoes. Supplied Credit: Supplied Mr Orr said the proposal sale would deliver a 'positive outcome' for employees, creditors, landlord and concession partners. A cocktail of rising costs and falling sales pushed Wittner into administration. 'Growth in sales has been eroded by cost pressures from rising wages and occupancy costs, and more recently challenging trading conditions and supply-chain disruptions,' Wittner said in a statement in April. Established in 1912 by HJ Wittner, the boot store was Australia's first mail-order footwear business. It boasts more than 20 physical stores in Australia and New Zealand, as well as 25 concession stores in Myer and David Jones.
West Australian
13-06-2025
- Business
- West Australian
Deloitte announces sale of Wittner to The Shoe Group in business rescue
Iconic Australian shoe retailer Wittner has been saved from liquidation, with the century-old business sold to private fashion business The Shoe Group. Deloitte administrators David Orr, Sal Algeri and Daniel Demir delivered the announcement on Friday morning, nearly two months after the retailer tumbled into administration in mid-April. 'The proposed sale represents a major milestone for a more than 100-year-old heritage brand, achieved under an accelerated timeline and in the context of a challenging retail environment,' Mr Demir said. 'We have worked closely with the Wittner team to maintain trading stability throughout the administration process and are pleased to make today's announcement to secure the future of this iconic Australian brand.' Wittner has entered into a 'period of exclusivity' with the Shoe Group, which is expected to acquire a majority of the business. The Shoe Group is a privately owned Australian company with its own portfolio of brands and an extensive retail store network, direct online and marketplace sites and wholesale customers. Shoe Group chairman Ian Unwin said his company was 'excited' about bringing in Wittner. 'It is a brand with a proud legacy and strong customer following, and we look forward to supporting its continued success,' he said. Mr Orr said the proposal sale would deliver a 'positive outcome' for employees, creditors, landlord and concession partners. A cocktail of rising costs and falling sales pushed Wittner into administration. 'Growth in sales has been eroded by cost pressures from rising wages and occupancy costs, and more recently challenging trading conditions and supply-chain disruptions,' Wittner said in a statement in April. Established in 1912 by HJ Wittner, the boot store was Australia's first mail-order footwear business. It boasts more than 20 physical stores in Australia and New Zealand, as well as 25 concession stores in Myer and David Jones.
Express Tribune
16-04-2025
- Business
- Express Tribune
Wittner, iconic Australian fashion brand, goes into administration
Wittner, the iconic Australian women's shoe brand founded in 1912, has entered administration as surging operational costs and declining sales forced the century-old company into crisis. Wittner Group Holdings, along with its trading arms Wittner Retail Australia and Wittner Retail New Zealand, has appointed Deloitte administrators Sal Algeri and David Orr to oversee a sale or recapitalisation of the business. The brand, once hailed as Australia's first mail-order footwear company, will continue to trade as usual during the process. Established by HJ Wittner, the company had enjoyed a strong reputation and steady profitability in recent years, leading to its acquisition by British firm Hilco Capital, which also owns Cue Clothing. However, like many Australian retailers, Wittner has been unable to withstand the economic pressures of 2025. 'Growth in sales has been eroded by cost pressures from rising wages and occupancy costs, and more recently challenging trading conditions and supply-chain disruptions,' Wittner management said in a statement. Despite efforts to boost revenue through online channels and expanded concessions in department stores like Myer and David Jones, the brand's profitability was undermined by surging labour and utility costs. Administrator Sal Algeri acknowledged the shock for employees and customers: 'We understand the appointment of administrators will be particularly concerning to Wittner's employees, as well as the very loyal customer base it has built over decades.' He added that operations would continue while Deloitte undertakes an urgent review and invites offers from potential buyers. Wittner currently operates more than 20 standalone stores across Australia and New Zealand, in addition to 25 concessions in major retailers. Its products are also sold online via platforms including The Iconic. Wittner's collapse is the latest in a string of retail shutdowns, with Mosaic Brands recently announcing the closure of Millers and Noni B — impacting 900 jobs — and Jeanswest closing more than 90 stores nationwide. Wittner's directors said they would work closely with administrators to 'achieve the best outcome for the business and its stakeholders.
