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627 SMITH ST. CORP. v. BUREAU OF WASTE DISPOSAL OF THE DEPARTMENT OF SANITATION OF THE CITY OF NEW YORK

289 A.D.2d 472 (2001)

735 N.Y.S.2d 555

627 SMITH ST. CORP. et al., Respondents, v. BUREAU OF WASTE DISPOSAL OF THE DEPARTMENT OF SANITATION OF THE CITY OF NEW YORK, Appellant, et al., Defendant.

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

Decided December 24, 2001.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The plaintiffs own interests in premises known as 627 Smith Street in Brooklyn. The premises adjoins and fronts on the Gowanus Canal, a navigable waterway. Across the canal, the appellant owns and operates a sanitation waste disposal plant known as the Hamilton Avenue Marine Transfer Station (hereinafter the Transfer Station). In the operation of that facility, the appellant places waste and...

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