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MARLOWE v. ELMWOOD, INC.

34 A.D.3d 970 (2006)

824 N.Y.S.2d 448

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.

Decided November 9, 2006.

Spain, J.

Plaintiffs reside in the Town of Greenburgh, Westchester County, adjacent to Elmwood Country Day School, a year-round school operating since 1957. Beginning in 1986, defendants have owned and operated the school and its summer day camp program, thereafter making substantial improvements and additions to the recreational facilities. In 1992, they added a basketball court and picnic tables and in 1998 they renovated the hockey rink, expanded the basketball...

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