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BESICORP GROUP, INC. v. VILL. OF ELLENVILLE

205 A.D.2d 944 (1994)

613 N.Y.S.2d 763

Besicorp Group, Inc., Appellant, v. Village of Ellenville, Respondent. (And Another Related Action.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 23, 1994

Weiss, J.

Plaintiffs in both actions own properties which adjoin the Beerkill Creek in the Village of Ellenville, Ulster County, and were damaged by flood waters in April 1987. Each plaintiff commenced an action against defendant alleging negligence in the performance of its responsibilities in connection with the Ellenville Flood Control Project. That project was conceived, designed and built by the United States Army Corps of Engineers pursuant to the...

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