JALAYER v. STIGLIANO

No. 2010-02325.

94 A.D.3d 702 (2012)

941 N.Y.S.2d 243

2012 NY Slip Op 2457

SAEID JALAYER et al., Appellants, v. JOSEPHINE STIGLIANO et al., Defendants, and LONG ISLAND LIGHTING COMPANY et al., Respondents.

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

Decided April 3, 2012.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

In November 2002 the plaintiffs Saeid Jalayer and Jinous Atai purchased the subject property from the defendant Estate of Anthony G. Stigliano. In March 2006, while excavating the property for construction purposes, the plaintiffs discovered that the soil contained coal ash and other waste material which allegedly was transported to the...

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