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TAPPAN WIRE & CABLE, INC. v. COUNTY OF ROCKLAND

7 A.D.3d 781 (2004)

777 N.Y.S.2d 517

TAPPAN WIRE & CABLE, INC., Respondent-Appellant, v. COUNTY OF ROCKLAND et al., Appellants-Respondents, et al., Defendants.

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

May 24, 2004.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

A hurricane struck the New York Metropolitan area in September 1999. The Rockland County Sewer Treatment Plant (hereinafter the Plant) lost power during the hurricane and sewage overflowed from the Plant into the Sparkill Creek (hereinafter the Creek). The Creek overflowed and flooded property leased by the plaintiff Tappan Wire and Cable, Inc. The plaintiff...

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