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FAITH v. TOWN OF GOSHEN

2016-02661. Index No. 9735/12.

167 A.D.3d 986 (2018)

88 N.Y.S.3d 909

2018 NY Slip Op 08917

Shelia Faith et al., Appellants, v. Town of Goshen, Respondents, et al., Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided December 26, 2018.

Ordered that the order is affirmed, with costs.

The plaintiffs each own real property that abuts or is proximate to the Wallkill River. Adjacent to the Wallkill River is the Orange County Landfill (hereinafter the Landfill), which is owned, operated, and maintained by the defendant County of Orange. In August 2011, the Wallkill River flooded, resulting in damage to the plaintiffs' properties. Thereafter, the plaintiffs commenced this action against, among others,...

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