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COOPER v. STATE

13 A.D.3d 867 (2004)

786 N.Y.S.2d 628

ROBERT COOPER et al., Appellants, v. STATE OF NEW YORK, Respondent. (Claim No. 105163.)

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

December 16, 2004.

Lahtinen, J.

This appeal turns on whether claimants met their burden of establishing that defendant had a special relationship with them to clean and maintain a limestone cavern near State Route 20 in the Village of Sharon Springs, Schoharie County. As we set forth in an appeal from a related action in Supreme Court, the cavern acts as a natural storm drain (Cooper v Sharon Springs Cent. School, 8 A.D.3d 734, 735 [2004])...

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