Ordered that the order is affirmed, without costs or disbursements.
In a prior action against the defendant, the Town of Cortlandt, the plaintiff alleged that the Town's negligent diversion of a stream had caused flooding on his property. That action was resolved through a stipulation of settlement, under which the Town paid the plaintiff the sum of $22,500, and the plaintiff granted the Town an easement over his land and agreed to refrain from commencing any litigation...
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