BLANCOVITCH v. CITY OF NEW YORK

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.