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KOHLASCH v. NEW YORK STATE THRUWAY AUTHORITY

No. 76 Civ. 4395.

460 F.Supp. 956 (1978)

Frank W. KOHLASCH as Executor of the Last Will and Testament of Frank H. Kohlasch, Deceased and Echo Bay Boat Yard, Inc., Plaintiffs, v. NEW YORK STATE THRUWAY AUTHORITY, Defendant. NEW YORK STATE THRUWAY AUTHORITY, Third-Party Plaintiff, v. CITY OF NEW ROCHELLE, Third-Party Defendant.

United States District Court, S. D. New York

October 17, 1978.

Attorney(s) appearing for the Case

August C. Nimphius, Jr., White Plains, N. Y., for plaintiffs.

Dickerson, Reilly & Mullen, New York City, for defendant New York State Thruway Authority; John H. Reilly, Jr., John W. Burke, New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Plaintiffs, owner and lessee respectively of real property in the City of New Rochelle, seek damages from the defendant New York State Thruway Authority ("Authority") for injuries resulting from the discharge onto plaintiffs' property of oil, sand, debris and chemicals from a drain constructed by the defendant on adjacent lands. In addition to damages, plaintiffs seek permanent injunctive relief against a continuation...

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