94 A.D.2d 830 | N.Y. App. Div. | 1983
— Appeals (1) in Action No. 1, from an order of the Court of Claims (Murray, J.), entered May 3,1982, which denied the State’s motion to dismiss the claim, and (2) in Action No. 2, from an order of the Supreme Court at Special Term (Cholakis, J.), entered May 28,1982 in Greene Countyj which denied plaintiff’s motion to dismiss defendant’s affirmative defense and granted defendant’s motion for summary judgment. Plaintiff’s real property sustained severe flood damage when the Schoharie Creek overflowed its banks on March 23, 1980. Plaintiff commenced two separate actions, one .against the State of New York, and the other against the Town of Jewett. Plaintiff sued the State alleging that it breached its statutory duty to