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ACKER v. VAN EPPS

45 A.D.3d 1104 (2007)

845 N.Y.S.2d 561

GAIL M. ACKER et al., Appellants, v. GEOFFREY B. VAN EPPS et al., Respondents.

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

Decided November 15, 2007.

Peters, J.

On August 16, 2004, plaintiffs allegedly sustained damage to real and personal property located in the Town of Guilderland, Albany County. In December 2006, plaintiffs commenced the present action against defendant Geoffrey B. Van Epps and defendants Hiawatha Trails Golf Course, Inc. and Hiawatha Trails, LLC—of which Van Epps is the principal and sole shareholder—by summons and complaint personally served upon Van Epps, claiming that water...

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