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MTR GORDON v. ESOPUS

107 A.D.2d 114 (1985)

In the Matter of Donald L. Gordon, Jr., et al., Respondents, v. Town of Esopus, Appellant

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

March 7, 1985

Attorney(s) appearing for the Case

Kellar & Kellar (Norman Kellar of counsel), for appellant.

Wapner, Koplovitz & Futerfas (Rod Futerfas of counsel), for respondents.

MAHONEY, P. J., MIKOLL, YESAWICH, JR., and HARVEY, JJ., concur.

MAIN, J.

Petitioners own land in the Town of Esopus, Ulster County, which respondent has used as the town landfill pursuant to a five-year lease which expired as of January 1982. Negotiations were held in an attempt to effect the sale of the land from petitioners to respondent, but no agreement was reached. Respondent continued in possession of the landfill property as a holdover tenant, but paid no rent after...

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