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MEINKEN v. COUNTY OF NASSAU

14 Misc.2d 304 (1958)

Jeane C. Meinken, Plaintiff, v. County of Nassau et al., Defendants.

Supreme Court, Special Term, Nassau County.

July 14, 1958.

Attorney(s) appearing for the Case

Charles H. Stoll for plaintiff.

Michael J. Sullivan, Town Attorney, for Town of Oyster Bay, defendant.

L. BARRON HILL, J.

This is a motion to strike an affirmative defense from the answer of the defendant town, on the ground that it is insufficient in law.

The action is one in equity to restrain a continuing trespass by the defendant, by reason of the discharge of surface waters on the land of the plaintiff and to recover $150,000 damages. No proof of claim was filed and the affirmative defense under...

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