Ordered that the order dated March 30, 1992, is modified by deleting the provision thereof which denied the branch of the defendants' motion which was to dismiss the complaint, and substituting therefor a provision granting the motion; as so modified, the order is affirmed, and the matter is remitted to the Supreme Court, Orange County, for the entry of a judgment declaring that the defendants are not liable for the costs of repairing and maintaining the dam in question for...
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