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FULGUM v. TOWN OF CORTLANDT

2 A.D.3d 775 (2003)

770 N.Y.S.2d 416

BRUCE FULGUM et al., Respondents, v. TOWN OF CORTLANDT, Appellant, et al., Defendant.

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

December 29, 2003.

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

The plaintiffs were the owners of a bar and restaurant, the "Rocking Horse," located adjacent to a stream at 426 Old Albany Post Road in Croton-on-Hudson. Old Albany Post Road crossed the stream by way of a cement structure which the plaintiffs allege constituted a bridge. On September 17, 1999, during Hurricane Floyd, the structure collapsed, allegedly causing the stream to overflow and flood...

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