Peters, J.
Plaintiffs own property in the Town of Glenville, Schenectady County, which is located adjacent to defendant's reservoir. In 1997, plaintiffs advised defendant that the reservoir was leaking water onto their property causing damage. Thomas Cushing, defendant's Superintendent of the Department of Public Works, investigated plaintiffs' complaints and, based upon tests performed on a stream on plaintiffs' property, concluded that the reservoir was, indeed...
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