Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendant's motion which was pursuant to CPLR 3211 (a) (2) to dismiss the first cause of action is denied.
The plaintiffs own property in Garrison, located between New York State Route 9D and the Hudson River. The plaintiffs' property is situated downhill from Route 9D, a highway owned by the defendant State of New York. The State collected stormwater runoff...
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