Ordered that the order is reversed, on the law, with costs, and the defendants' motion (1) for summary judgment dismissing all claims in action No. 2 alleging that the defendants negligently interfered with surface water, and (2), in effect, pursuant to CPLR 3211 (a) (7) to dismiss the second amended complaint in action No. 1 for failure to state a cause of action to the extent that it seeks to recover damages for negligent interference with surface waters is granted.
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