RZECZKOWSKI v. KOWALCZIK


237 A.D.2d 342 (1997)

654 N.Y.S.2d 816

Stanley E. Rzeczkowski, Respondent, v. Leo Kowalczik et al., Appellants, and Geary F. Chumard et al., Defendants

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

March 10, 1997


Ordered that the order is modified, on the law, by deleting the provision thereof granting the plaintiff's motion to dismiss the appellants' second affirmative defense and substituting therefor a provision denying the plaintiff's motion; as so modified, the order is affirmed, with costs to the appellants.

The appellants owned a 76-acre dairy farm in West Town, New York, a portion of which was used as a gravel pit. On February...

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