COLONIAL CLUB v. ELLENVILLE


126 Misc.2d 814 (1985)

Colonial Country Club, Inc., Plaintiff, v. Village of Ellenville et al., Defendants.

Supreme Court, Special Term, Ulster County.

January 7, 1985


Attorney(s) appearing for the Case

Cook, Tucker, Netter & Cloonan, P. C., for Village of Ellenville, defendant. Gaiman & Krutman for plaintiff. Appelbaum Eisenberg Bauman & Appelbaum for Jack Miller and another, defendants.


JOHN G. CONNOR, J.

The within action is brought by plaintiff which owns property in the Village of Ellenville (Village), a defendant herein, and which adjoins property owned by the codefendants, the Millers.

The fire which started in the Miller building, on or about November 12, 1979, did at least some damage to that of plaintiff's. The extent of damage is disputed.

Defendant, Village, having decided both buildings endangered the public...

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