H.K.S. HUNT CLUB, INC. v. TOWN OF CLAVERACK


222 A.D.2d 769 (1995)

634 N.Y.S.2d 816

H.K.S. Hunt Club, Inc., Appellant, v. Town of Claverack et al., Respondents. (And a Third-Party Action.)

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

December 7, 1995


White, J.

Plaintiff is the owner of a 200-acre parcel of property in the Town of Claverack, Columbia County, adjoining a landfill owned by defendant Town of Claverack and operated by defendant Columbia County. In 1989, plaintiff commenced this action setting forth three causes of action: nuisance, continuing trespass and a violation of RPAPL 853. In October 1992, plaintiff served a proposed amended complaint interposing additional claims of "de facto...

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