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KELLEHER v. TOWN OF SOUTHAMPTON

306 A.D.2d 247 (2003)

760 N.Y.S.2d 235

DENIS P. KELLEHER et al., Respondents, v. TOWN OF SOUTHAMPTON et al., Appellants. (And a Third-Party Action.)

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

Decided June 2, 2003.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, upon reargument, the motion is granted, the complaint is dismissed, and the order entered July 11, 2001, is modified accordingly.

The plaintiffs owned a house in the Town of Southampton on a stretch of beach plagued with a substantial amount of coastal erosion. In early 1998 when a large storm was imminent, the plaintiffs applied for an...

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