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SCHWARZ v. NEW YORK STATE DEP'T OF TRANSP.

158 A.D.2d 967 (1990)

Peter D. Schwarz et al., Respondents, v. New York State Department of Transportation et al., Appellants. (Appeal No. 2.)

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

February 2, 1990

Judgment reversed on the law without costs and matter remitted to Supreme Court, Monroe County, for further proceedings, in accordance with the following memorandum: On the basis of the pleadings and an application for a preliminary injunction, the Supreme Court determined that the proposed expenditure of $346,800 to install noise barriers at a specified location along Norris Drive was "an unauthorized and intended wrongful expenditure...

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