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ABBO-BRADLEY v. CITY OF NIAGARA FALLS

19 CA 14-01158.

125 A.D.3d 1469 (2015)

JOANN ABBO-BRADLEY, Individually and as Parent and Natural Guardian of DYLAN J. BRADLEY, and Others, Infants, et al., Appellants, v. CITY OF NIAGARA FALLS, et al., Defendants, and OP-TECH ENVIRONMENTAL SERVICES et al., Respondents.

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

Decided February 13, 2015.

It is hereby ordered that the order so appealed from is unanimously modified on the law by vacating the provision directing plaintiffs to afford defendants contemporaneous access to properties for environmental sampling samples and by limiting the obligation of plaintiffs' attorneys to provide notice of environmental sampling to instances "where such testing would be of assistance to the prosecution or defense of the instant lawsuit," and as modified the order is affirmed...

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