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PHAIR v. SAND LAND CORPORATION

2013-06564, Index No. 26457/05.

137 A.D.3d 1237 (2016)

28 N.Y.S.3d 400

2016 NY Slip Op 02341

JOSEPH PHAIR et al., Appellants, et al., Plaintiff, v. SAND LAND CORPORATION, Respondent.

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

Decided March 30, 2016.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the defendant's motion which were pursuant to CPLR 3211 (a) to dismiss, as academic, the first and second causes of action except insofar as those causes of action sought to enjoin the defendant from using the subject property for the receipt of "land-clearing debris, including trees, brush, stumps and leaves," are denied...

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