TOMPKINS COUNTY BD. OF HEALTH v. WHETZEL


173 A.D.2d 1050 (1991)

Tompkins County Board of Health et al., Appellants, v. Kim K. Whetzel, Respondent

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

May 16, 1991


Mahoney, P. J.

Plaintiffs commenced an action alleging that defendant's septic system at 608 Valley Road in the Town of Caroline, Tompkins County, violated numerous provisions of the County Sanitary Code, including improper septic filtration. Defendant answered the complaint asserting a general denial. While plaintiffs' motion for summary judgment striking defendant's answer was pending, the parties stipulated that defendant would replace the existing...

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