MATTER OF ACTION REDI-MIX CORP. v. DAVISON


292 A.D.2d 448 (2002)

739 N.Y.S.2d 411

In the Matter of ACTION REDI-MIX CORP., Respondent, v. IRWIN S. DAVISON et al., Appellants.

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

Decided March 11, 2002.


Ordered that the judgment is affirmed, with costs.

The petitioner, Action Redi-Mix Corp. (hereinafter Action), owns a parcel of property which lies in the City of Yonkers, the City of Mount Vernon, and the City of New York. In 1998 Action began operating a concrete batching plant, which it constructed on the portion of the property located in the City of Yonkers. Dry sand, gravel, and cement are stored in elevated silos, and from there these materials are fed into...

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