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WARSHAW v. TOWN OF HUNTINGTON

253 A.D.2d 810 (1998)

677 N.Y.S.2d 623

Charles Warshaw et al., Appellants, v. Town of Huntington et al., Respondents

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

September 21, 1998

Ordered that the order and judgment is reversed, on the law, with costs, the motion is granted, the cross motion is denied, and it is declared that Town of Huntington Code § 87-81 does not permit a swimming pool owner to satisfy the requirements for pool area enclosure by utilizing a fence or a portion of a fence located entirely on the property of an adjoining property owner.

The plaintiffs reside in the Town of Huntington. The

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