Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
The plaintiffs' property was flooded on or about September 16, 1999, following the failure of Hygena Lake Dam, which is privately owned and operated, and located in the Town of Clarkstown in Rockland County. They subsequently filed an action in the Supreme Court alleging negligence and the appellants moved, pursuant to CPLR 3211 (a) (2), to dismiss the complaint insofar as...
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