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HELLERT v. TOWN OF HAMBURG

50 A.D.3d 1481 (2008)

857 N.Y.S.2d 825

DONALD D. HELLERT et al., Individually and as Parents and Natural Guardians of BENJAMIN P. HELLERT, an Infant, et al., Respondents, v. TOWN OF HAMBURG, Appellant. (Appeal No. 1.)

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

Decided April 25, 2008.

It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, the motion is granted in its entirety and the amended complaint is dismissed.

Memorandum:

Plaintiffs commenced this action alleging that defendant allowed toxic and hazardous substances to migrate from its property, where it formerly operated a landfill, to plaintiffs...

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