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BORST v. INTERNATIONAL PAPER CO.

517299.

121 A.D.3d 1343 (2014)

995 N.Y.S.2d 769

2014 NY Slip Op 07224

HARRY V. BORST, Plaintiff, v. INTERNATIONAL PAPER COMPANY, Defendant, and SANDY KNOLLS, LLC, et al., Appellants. (Action No. 1.) In the Matter of ALBERT L. PRICE et al., Respondents, v. TOWN OF ARIETTA et al., Appellants. SANDY KNOLLS, LLC, et al., Proposed Intervenors-Appellants. (Proceeding No. 1.). In the Matter of ALBERT L. PRICE et al., Respondents, v. TOWN OF ARIETTA, Appellant. SANDY KNOLLS, LLC, et al., Proposed Intervenors-Appellants. (Proceeding No. 2.).

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

Decided October 23, 2014.

DEVINE, J.

Appeals (1) from an order of the Supreme Court (Aulisi, J.), entered March 22, 2013 in Hamilton County, which, in action No. 1, denied a motion by Sandy Knolls, LLC to vacate a prior judgment of the court, (2) from a judgment of said court, entered March 22, 2013 in Hamilton County, which, among other things, granted petitioners' application, in combined proceeding No. 1 pursuant to CPLR article 78 and action...

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