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1980 FRUIT FARM, INC. v. TOWN OF GREENBURGH

59 A.D.2d 904 (1977)

1980 Fruit Farm, Inc., et al., Respondents, v. Town of Greenburgh et al., Appellants

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

November 14, 1977

Order reversed, on the law, with $50 costs and disbursements, and motion denied.

The prior CPLR article 78 proceeding to compel the Town of Greenburgh to restore water and sewer service to property owned by one Geller and leased by 1980 Fruit Farm, Inc. (Matter of Geller v Veteran, 49 A.D.2d 574) did not finally determine the issue of the town's liability for damages occasioned by the discontinuance of such service. Geller...

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