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IN THE MATTER OF JANSEN COURT HOMEOWNERS ASSOCIATION v. CITY OF NEW YORK

17 A.D.3d 588 (2005)

795 N.Y.S.2d 594

In the Matter of JANSEN COURT HOMEOWNERS ASSOCIATION et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

April 18, 2005.

Ordered that the order and judgment is modified, on the law, by (1) deleting the provision thereof denying that branch of the petition which was to annul the determination of the City of New York Department of Environmental Protection dated February 25, 2003, with respect to those petitioners whose dwellings have no property line within 100 feet of the public sewer, and substituting therefor a provision granting that branch of the petition, and (2) adding thereto a provision...

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