Ordered that the order is affirmed, with costs.
A water main, located under the plaintiffs' property, allegedly burst and undermined a brick driveway, causing the plaintiff Jack Eaker (hereinafter the plaintiff) to fall and sustain injuries when he stepped onto the driveway. The plaintiff and his wife, suing derivatively, commenced this action to recover damages for personal injuries against the defendant water company, which owned and operated the subject water main...
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