Order reversed insofar as appealed from, without costs, on the law and in the exercise of discretion, and application granted to the extent of granting petitioner leave to serve a notice of claim nunc pro tunc for continuing trespass since May 21, 1973.
Petitioner's notice of claim dated April 4, 1974 for continuing trespass was based on allegations of unlawful encroachment of certain subterranean pipes on petitioner's property from May 21, 1973 to date. It...
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