THOMA, JR. v. TOWN OF SCHODACK


6 A.D.3d 957 (2004)

776 N.Y.S.2d 109

MICHAEL V. THOMA, JR., et al., Appellants-Respondents, v. TOWN OF SCHODACK, Respondent-Appellant.

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

April 22, 2004.


Peters, J.

Plaintiffs reside on separate parcels in the Town of Schodack, Rensselaer County. By action commenced in July 1993, plaintiffs allege that since 1960, defendant has allowed salt and other noxious chemicals to contaminate its salt storage facility which then leaked onto plaintiffs' respective properties and rendered their water unpotable. The complaint included causes of action alleging a continuing nuisance and trespass, as well as claims of negligence...

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