Garry, J.
Appeal from an order of the County Court of Rensselaer County (Jacon, J.), entered March 26, 2012, which affirmed an order of the Troy City Court dismissing the counterclaims of defendant Kermit Hayes.
In January 2005, pipes froze in a house owned by defendant Kermit Hayes (hereinafter defendant) in the City of Troy, Rensselaer County, causing flooding that allegedly destroyed his professional photography archive and business records.
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