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GSTALDER v. STATE

240 A.D.2d 541 (1997)

658 N.Y.S.2d 680

Barbara E. Gstalder et al., Respondents, v. State of New York et al., Appellants

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

June 16, 1997

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion for summary judgment is denied.

The plaintiffs are owners of an eleven-acre parcel of land in Westchester County, located near a New York State Department of Transportation facility (hereinafter Department of Transportation). The plaintiffs allege that over a course of years the defendants trespassed onto and repeatedly utilized a portion of their property as a dump...

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