KLEINBERGER v. TN. OF SHARON


116 A.D.2d 367 (1986)

Paul S. Kleinberger et al., Appellants, v. Town of Sharon et al., Respondents

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

May 1, 1986


Attorney(s) appearing for the Case

Robert J. Krzys for appellants.

Carter, Conboy, Bardwell, Case & Blackmore (John Ray and Frederica C. Hummel of counsel), for respondents.

MAIN, J. P., WEISS, MIKOLL and HARVEY, JJ., concur.


YESAWICH, JR., J.

In September 1982, plaintiffs commenced an action in the United States District Court for the Northern District of New York against the same defendants named in the instant action as well as a neighbor of plaintiffs. The event generating both lawsuits was the neighbor's seizure of plaintiffs' heifers which had trespassed onto the neighbor's property. Plaintiffs alleged that the neighbor acted...

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