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NEW HOLLAND VILLAGE CONDOMINIUM v. DESTASO ENTER.

No. 00 CIV. 9431(CM).

139 F.Supp.2d 499 (2001)

NEW HOLLAND VILLAGE CONDOMINIUM and its Individual Members, Plaintiffs, v. DESTASO ENTERPRISES LIMITED, Vincent DeStaso, New York State Department of Environmental Conservation, Rockland County, New York, and the Town of Clarkstown, Defendants.

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

April 18, 2001.

Attorney(s) appearing for the Case

John A. Keefe, Elefante & Persanis, LLP, Katonah, NY, for plaintiff.

Charles J. Gayner, Maloof, Lebowitz, Connahan & Oleske, New York, NY, for DeStaso Enterprises Ltd., Vincent DeStaso, defendants.

Darius P. Chafizadeh, Thacher Proffitt & Wood, White Plains, NY, for Rockland County, NY, defendant.

John McKenna, Robert A. Pierce & Ass'n, White Plains, NY, for Town of Clarkstown, NY, defendant.

MEMORANDUM DECISION AND ORDER DISMISSING COMPLAINT

McMAHON, District Judge.

On September 16, 1999, Hurricane Floyd hit the New York Metropolitan area with considerable force, causing significant damage and property loss. Among the storm's casualties was the Hyenga Dam, located in the Town of Clarkstown in Rockland County. The dam burst, carrying a wall of water — estimated at some 3 million gallons ...

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