Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
In response to the prima facie showing by the defendant, Town of Fishkill, of its entitlement to judgment as a matter of law, the plaintiffs submitted evidence, including the affidavit of a professional engineer, which raised questions of fact as to whether or not the Town, inter alia, properly maintained the sewer system serving the plaintiffs' homes...
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