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BOOTH v. HANSON AGGREGATES NEW YORK, INC.

16 A.D.3d 1137 (2005)

791 N.Y.S.2d 766

OWEN BOOTH et al., Appellants, v. HANSON AGGREGATES NEW YORK, INC., Respondent.

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

March 18, 2005.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying those parts of defendant's cross motion with respect to the second cause of action and plaintiff Suzanne Lafler and reinstating that cause of action and the complaint with respect to that plaintiff and as modified the order is affirmed without costs.

Memorandum:

Plaintiffs are residents and/or owners of 19 different properties near a quarry...

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