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MARLOWE v. ELMWOOD, INC.

12 A.D.3d 742 (2004)

784 N.Y.S.2d 206

ARTHUR MARLOWE et al., Appellants, v. ELMWOOD, INC., et al., Respondents.

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

November 4, 2004.

Spain, J.

Plaintiffs are taxpayers who own residential property in the Town of Greenburgh, Westchester County, which is adjacent to the Elmwood Country Day School, a year-round school founded and in operation since 1957. Since 1986, defendants have owned and operated the school and its summer day camp programs under the direction of Jeffrey Ackerman, the principal and officer of both. From its inception a preschool program has been operated at the school and, during...

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