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SEGALL v. RAPKIN

Nos. 94 Civ. 7693 (VLB), 95 Civ. 0357 (VLB).

875 F.Supp. 240 (1995)

Stephen SEGALL and Wendy Segall Plaintiffs, v. Manual RAPKIN, individually and d/b/a Cranford Farm, Cranford Farm, Inc., Goodkind & O'Dea, Inc., Atzel, Scatazza & Zeigler, P.C., and Town of Clarkstown, a municipal corporation, Defendants. Bart SILVERMAN and Katherine Silverman, Plaintiffs, v. Manual RAPKIN, individually and d/b/a Cranford Farm, Cranford Farm, Inc., Goodkind & O'Dea, Inc., Atzel, Scatazza & Zeigler, P.C., and Town of Clarkstown, a municipal corporation, Defendants.

United States District Court, S.D. New York.

February 6, 1995.

Attorney(s) appearing for the Case

Stephen Segall, Groman & Segall, P.C. New York City, for plaintiffs Stephen and Wendy Segall.

Michael L. Macklowitz, New York City, for plaintiffs Bart and Katherine Silverman.

Bardyl R. Tirana, Washington, DC, for defendant Goodkind & O'Dea.

Schwartz & Silverstein, New City City, Thomas J. Newman, Kornfeld, Rew, Newman & Ellsworth, Suffern, NY, for defendants Manual Rapkin and Cranford Farm, Inc.

L'Abbate & Balkan, Garden City, NY, for defendant Atzel, Scatazza & Zeigler, P.C.

Joseph A. Maria, P.C., White Plains, NY, for defendant Town of Clarkstown.

MEMORANDUM ORDER

VINCENT L. BRODERICK, District Judge.

I

These related cases arise from repeated flooding of plaintiffs' homes and property by a nearby tributary of what is known as the Demarest Kill. Plaintiffs assert the flooding occurs because defendants Manual Rapkin ("Rapkin") and Cranford Farm ("Cranford"), improperly constructed the homes 3.5 feet below the base flood water surface elevation...

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