Opinion
June 1, 1987
Appeal from the Supreme Court, Queens County (Bambrick, J.).
Ordered that the order is affirmed, with costs.
Special Term's order dismissing the complaint should not be disturbed. A municipality owes no special duty to particular persons to provide an adequate water supply to fight fires or to keep its water system in proper repair for fire-fighting purposes (see, Steitz v City of Beacon, 295 N.Y. 51; Moch Co. v Rensselaer Water Co., 247 N.Y. 160).
Further, the plaintiffs' cross motion was properly denied, as a motion to dismiss pursuant to CPLR 3211 stays disclosure until the determination of the motion unless the court orders otherwise (see, CPLR 3214 [b]; Siegel, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C3214:2, at 856). Mangano, J.P., Thompson, Kunzeman and Sullivan, JJ., concur.