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STATE v. C.J. BURTH SERVICES, INC.

508049.

79 A.D.3d 1298 (2010)

915 N.Y.S.2d 174

STATE OF NEW YORK, Appellant, v. C.J. BURTH SERVICES, INC., et al., Respondents.

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

Decided December 9, 2010.

GARRY, J.

Defendants Carlton J. Burth and James G. Stasaitis, Jr. (hereinafter collectively referred to as defendants) own real property in the City of Utica, Oneida County, where they operate their automobile repair business, defendant C.J. Burth Services, Inc. (hereinafter the corporation). When defendants purchased the property in 1987, it was being used as an automobile repair business; there were no gas tanks, pumps, or other indications on the property that...

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