Ordered that the order is affirmed, with costs.
The plaintiff commenced this action against the City of New York and C.A.C. Industries, Inc. (hereinafter CAC), a corporation hired by the City to repair and perform work on the streets adjoining the plaintiff's property, alleging that the work performed by CAC caused damage to the plaintiff's home. The matter was referred to a referee to hear and report on all issues. The referee recommended that the complaint be dismissed...
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