Peters, J.
In November 1995, pursuant to Public Health Law § 1116, Bruce S. Conklin (hereinafter decedent) received approval from the Department of Health (hereinafter DOH) to build the Castlewood Realty Subdivision, a residential community in the Town of Northumberland, Saratoga County. In the application, decedent represented that he would be installing drilled drinking water wells on each lot. However, after the plans were approved and construction commenced...
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