Order unanimously affirmed, without costs.
Memorandum:
While we do not approve of the delay of three years in serving the complaint herein, this is not the usual case of inaction on the part of a plaintiff. The fact that plaintiffs have suffered damages is not disputed. After service upon it of notices of claim and summons in an action for injunctive relief and damages from pollution, defendant county undertook to correct the condition. Plaintiffs withheld...
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