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IZZO v. TOWN OF SMITHTOWN

2015-09154. Index No. 28082/03.

151 A.D.3d 1035 (2017)

58 N.Y.S.3d 106

2017 NY Slip Op 05207

NEAL P. IZZO et al., Respondents, v. TOWN OF SMITHTOWN, Appellant.

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

Decided June 28, 2017.

Ordered that the order is affirmed, with costs.

The plaintiffs, owners of commercial real property located in Kings Park, served a notice of claim dated September 30, 2002, upon the defendant, Town of Smithtown, alleging that the Town wrongfully buried leaves and lawn debris under the surface of their property. The plaintiffs commenced this action in December 2003, alleging that the continued presence of the leaves and debris, which they discovered in September 2002...

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