TOWN OF BROADALBIN v. VAN CUREN


70 A.D.3d 1088 (2010)

893 N.Y.S.2d 718

TOWN OF BROADALBIN, Plaintiff, and DAVID COOK, Appellant, v. CARL VAN CUREN, Respondent.

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

Decided February 4, 2010.


Upon the complaint of plaintiff David Cook (hereinafter plaintiff), defendant was cited with a violation of Town of Broadalbin Code § 163-13 (C) (3) by maintaining more than one mobile home on his property. After a nonjury trial, the Justice Court of the Town of Broadalbin ruled in favor of defendant. Upon appeal to County Court, plaintiff was granted permission to intervene. County Court then upheld the decision of the Justice Court and plaintiff now appeals.

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