Ordered that the interlocutory judgment is affirmed, with costs.
The plaintiffs, Alexander Izzo and Anthony Izzo, own a parcel of property in the Town of Smithtown (hereinafter the Town). The plaintiffs' property is adjacent to a parcel owned by the Town, which was previously used as a landfill for the disposal of yard waste. In 1992, after the plaintiffs commenced sand mining operations on their property, they began to uncover plastic bags filled with leaves which...
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