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ALAIMO v. TOWN OF FORT ANN

63 A.D.3d 1481 (2009)

ANN MARIE ALAIMO et al., Respondents-Appellants, v. TOWN OF FORT ANN et al., Apellants-Respondents.

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

Decided June 25, 2009.

LAHTINEN, J.

The Hadlock Pond dam, which had just been reconstructed, failed catastrophically on July 2, 2005. Hadlock Pond is located in the Town of Fort Ann, Washington County, and is created by a dam owned by defendant Town of Fort Ann. The original dam was constructed in the late 1800s, with subsequent repair and replacement over the years. The cost of maintaining and operating the dam is reportedly paid from revenue received from a separate taxing district (Lake...

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