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SEGALL v. RAPKIN

243 A.D.2d 624 (1997)

663 N.Y.S.2d 234

Stephen Segall et al., Plaintiffs, v. Manual Rapkin, Individually and Doing Business as Cranford Farm, et al., Respondents, and Town of Clarkstown, Appellant. (Action No. 1.) Bart Silverman et al., Plaintiffs, v. Manual Rapkin, Individually and Doing Business as Cranford Farm, et al., Respondents, and Town of Clarkstown, Appellant. (Action No. 2.)

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

October 20, 1997

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiffs, who own neighboring houses in the hamlet of New City, commenced two actions in 1994 to recover damages allegedly caused by flooding from a nearby tributary of the Demarest Kill. According to the plaintiffs, their houses were built 3.5 feet below the base flood elevation level because of an error in a flood insurance study prepared by the defendant Goodkind

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