Ordered that the order is affirmed, with costs.
The claimant filed this claim against the State of New York to recover damages to its property resulting from severe flooding on August 28, 2011, when, due to Hurricane Irene, the Grassy Sprain Brook, a tributary of the Bronx River, overflowed and flooded the claimant's real property. Following the completion of discovery, the claimant moved for summary judgment on the issue of liability. In support of the motion, the...
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