BALKEN v. TOWN OF BROOKHAVEN


70 A.D.2d 579 (1979)

Robert Balken et al., Respondents, v. Town of Brookhaven, Appellant

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

May 7, 1979


Judgment modified, on the law and as a matter of discretion, by adding thereto a provision conditioning the payment directed to be made therein upon plaintiffs' conveyance of the subject property to the defendant town. As so modified, judgment affirmed, without costs or disbursements.

After being forced to abandon their home due to the presence of explosive levels of methane gas generated on an adjoining property formerly used by the Town of Brookhaven as a landfill...

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