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ALLEN v. CITY OF NEW YORK

49 A.D.3d 1126 (2008)

855 N.Y.S.2d 279

TERRY ALLEN et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided March 27, 2008.

Carpinello, J.

Plaintiffs live downstream from the Pepacton Dam and reservoir. In this negligence action, they claim that defendants are responsible for flood damage to their properties occurring in the months of September 2004 and April 2005. Specifically, plaintiffs contend that, in the context of managing water levels in the reservoir, defendants failed to implement flood control plans, failed to effectuate a controlled...

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