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BOWERS v. HURLEY

519635.

134 A.D.3d 1191 (2015)

21 N.Y.S.3d 743

2015 NY Slip Op 08884

DAVID BOWERS, Doing Business as BLACK GOLD, Respondent, v. DANIEL HURLEY, Doing Business as BRADLEY FARMS, et al., Appellants, et al., Defendant.

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

Decided December 3, 2015.

Plaintiff and defendant Daniel Hurley entered into a five-year lease agreement granting plaintiff the exclusive right to take topsoil and gravel from a 14-acre parcel owned by Hurley, and plaintiff obtained a permit to mine the parcel from defendant Department of Environmental Conservation (hereinafter DEC).*

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