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Batavia Kill Watershed District v. Charles O. Desch, Inc.

57 N.Y.2d 796 Court N.Y. Decision date 1982-10-05 English

Contents

Majority

p. 796
Batavia Kill Watershed District in the County of Greene, Respondent, v Charles O. Desch, Inc., et al., Appellants.
Argued September 2, 1982
decided October 5, 1982
p. 798
APPEARANCES OF COUNSEL
Leslie F. Couch for appellants.
Larry F. Gardner and Walter J. Heffernan for respondent.

OPINION OF THE COURT

Order affirmed, with costs, for reasons stated in the opinion by former Justice J. Clarence Herlihy at the Appellate Division ( 83 AD2d 97 ). Question certified answered in the affirmative.

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg and Meyer. Taking no part: Judge Gabrielli.

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