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ONEIDA v. KENNEDY ESTATE

189 Misc.2d 689 (2001)

734 N.Y.S.2d 402

COUNTY OF ONEIDA, by Its Health Department, et al., Plaintiffs, v. ESTATE OF JOHN A. KENNEDY, Deceased, et al., Defendants.

Supreme Court, Oneida County.

November 15, 2001.

Attorney(s) appearing for the Case

Randall B. Caldwell, County Attorney (Raymond F. Bara of counsel), for County of Oneida, plaintiff.

John Dylan, Corporation Counsel (Harry M. Scaramella of counsel), for City of Utica, plaintiff.

Gustave J. DeTraglia, Jr., for defendants.

OPINION OF THE COURT

ROBERT F. JULIAN, J.

Relief Requested

Plaintiffs seek judgment providing for the demolition of a burned, unsalvageable building; compensation for the costs thereof; and an injunction restraining the expenditure of insurance proceeds derived from the fire. Defendant seeks a judgment holding it does not owe the cost of demolition.

Holding

Judgment granted to plaintiffs, County of Oneida...

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