BATTAGLIA v. TOWN OF BETHLEHEM


46 A.D.3d 1151 (2007)

848 N.Y.S.2d 722

ANTHONY A. BATTAGLIA, Individually and as President of Battaglia Fruit and Produce Company, Inc., et al., Appellants, v. TOWN OF BETHLEHEM, Respondent.

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

Decided December 20, 2007.


Kane, J.

Plaintiff Anthony A. Battaglia (hereinafter plaintiff) is the owner of plaintiff companies. In October 1999, he purchased property located on Delaware Avenue in the Town of Bethlehem, Albany County. Behind the building was a steep ravine leading down to Normanskill Creek. Plaintiff painted the building, installed a sign, and prepared the property to open a retail produce store in early May 2000. Two weeks prior to the store opening, Kevin Shea, defendant...

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