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BALDWIN v. BRADT

513751.

96 A.D.3d 1216 (2012)

946 N.Y.S.2d 318

2012 NY Slip Op 4813

SCOTT A. BALDWIN, Doing Business as NORTHVILLE SEPTIC SERVICE, Appellant, v. VIRGINIA BRADT, as Executor of the Estate of HOWARD BRADT, Deceased, et al., Defendants, and PAUL FRASIER, as Executor of the Estate of PAUL BRADT, Deceased, Respondent.

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

June 14, 2012.

Lahtinen, J.

The facts are set forth in an earlier appeal (Baldwin v Bradt, 62 A.D.3d 1131 [2009]). Plaintiff purchased the subject real property in 1997 from decedent Howard Bradt, who operated a septic disposal business on part of the property and had purchased the property in 1985 from decedent Paul Bradt, who had used a portion of the property as a landfill. The Department of Environmental Conservation (hereinafter DEC...

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