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PASSAIC BOY SC'TS v. HARTWOOD SYN'CATE

46 A.D.2d 247 (1974)

Passaic Valley Council Boy Scouts of America et al., Respondents-Appellants, v. Hartwood Syndicate, Inc., Appellant, and The Hartwood Club, Appellant-Respondent

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

December 18, 1974.

Attorney(s) appearing for the Case

Wiess & Costa (Lawrence E. Lagarenne and Jack Lipson of counsel), for appellant.

Jacobowitz & Gubits (David B. Gubits of counsel), for appellant-respondent.

Levine & Levine (Lazarus I. Levine and F. Walter Bliss of counsel), for respondents-appellants.

STALEY, JR., J. P., SWEENEY, MAIN and REYNOLDS, JJ., concur.

KANE, J.

The parties to this litigation each own in fee a portion of the bed of the Beaver Dam Reservoir in the Town of Forestburg, Sullivan County. The plaintiff, Passaic Valley Council Boy Scouts of America (hereinafter known as Council), commenced this action to restrain Hartwood Syndicate, Inc. (hereinafter known as Syndicate) from consummating its threat to drain the waters from the reservoir claiming that...

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