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SHEARING v. CITY OF ROCHESTER

51 Misc.2d 436 (1966)

Leo Shearing et al., Plaintiffs, v. City of Rochester, Defendant.

Supreme Court, Monroe County.

July 27, 1966

Attorney(s) appearing for the Case

Elbert H. Carver for plaintiffs. John R. Garrity, Corporation Counsel (Thomas Frey of counsel), for defendant.

CHARLES LAMBIASE, J.

Plaintiffs are owners of premises at No. 1748 Lexington Avenue, Rochester, New York, which they purchased in 1958 as a recently built house. At the time of their said purchase, the defendant City of Rochester owned and now owns a considerable acreage in the general locality known as the "Emerson Street Landfill Area", hereinafter referred to as "landfill" for the purposes of convenience...

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