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VIRGEM ENTERPRISES INC. v. CITY OF NEW YORK

290 A.D.2d 708 (2002)

736 N.Y.S.2d 467

VIRGEM ENTERPRISES, INC., Doing Business as EGGERY INN, Respondent, v. CITY OF NEW YORK, Appellant.

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

Decided January 10, 2002.

Rose, J.

Plaintiff is the owner of a country inn located in the Village of Tannersville, Greene County. Pursuant to a 1990 consent order settling discharge permit violations alleged by the Department of Environmental Conservation (hereinafter DEC) in defendant's operation of its then existing Tannersville Wastewater Treatment Plant, defendant constructed a new treatment facility (hereinafter the plant) on land near plaintiff's property, substantially completing it...

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