Ordered that the order is affirmed insofar as appealed from, with costs.
In 2001 the plaintiffs commenced this action, inter alia, to enjoin the defendant from diverting water onto their property, which the plaintiffs alleged occurred as a result of the defendant's construction of a culvert running from its drainage pond to another body of water. The defendant moved for summary judgment dismissing the complaint on the ground, among other things, that the action was...
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