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BUTTONWOOD ESTATES, INC. v. CITY OF NEW YORK

37 A.D.2d 861 (1971)

Buttonwood Estates, Inc., et al., Respondents, v. City of New York et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 26, 1971

Order reversed, on the law, without costs, and proceeding remanded to the Special Term for a hearing and a new determination.

In our opinion, a hearing is required to resolve the following issues of fact: (a) Whether the Brookfield Avenue sewer is functioning properly and (b) whether petitioner Buttonwood is a party to the construction of an unauthorized Lamoka-Abington Sewer. Under the circumstances of this case, if these issues are resolved in favor of petitioners...

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