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BOUDREAUX v. STATE OF LA.

49 A.D.3d 238 (2008)

849 N.Y.S.2d 262

JEAN BOUDREAUX et al., Appellants, v. STATE OF LOUISIANA, DEPARTMENT OF TRANSPORTATION et al., Defendants-Respondents.

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

January 24, 2008.

Attorney(s) appearing for the Case

Folkenflik & McGerity, New York City (Max Folkenflik of counsel), for appellants.

Orrick, Herrington & Sutcliffe LLP, New York City (Michael Stolper and Caroline S. Nolan of counsel), for respondents.

WILLIAMS, BUCKLEY and McGUIRE, JJ., concur with NARDELLI, J.P.; CATTERSON, J., dissents in a separate opinion.

OPINION OF THE COURT

NARDELLI, J.P.

In this appeal, we are called upon to review Supreme Court's vacatur of the filing of a Louisiana judgment by plaintiffs, members of a class who were victims of a devastating flood which occurred in April 1983.

The facts underlying this matter, and out of which the Louisiana judgment arose, are not in dispute.

On April 6 through 9, 1983, flood waters damaged a large number of homes and businesses in Tangipahoa...

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