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BRIGGS v. CHAPMAN

503966.

2008 NY Slip Op 06335

JOHN BRIGGS ET AL., Respondents, v. ANDREW J. CHAPMAN ET AL., Defendants, and ALPHA & OMEGA OUTFITTERS, LLC, Appellant.

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

Decided and Entered: July 17, 2008.

Attorney(s) appearing for the Case

Fischer, Bessette, Muldowney & Hunter, L.L.P., Malone (Matthew McArdle of counsel), for appellant.

Conboy, McKay, Bachman & Kendall, Canton (Scott B. Goldie of counsel), for John Briggs and others, respondents.

Before: Mercure, J.P., Rose, Kane, Malone Jr. and Kavanagh, JJ.

MEMORANDUM AND ORDER

KAVANAGH, J.

In 1972, defendants Andrew J. Chapman and Thelma Chapman obtained a permit from the Department of Environmental Conservation for the reconstruction of a dam on their property, located on Grass Lake in the Town of Rossie, St. Lawrence County. Plaintiffs, owners of real property along Grass Lake, commenced this action in November 2004, alleging that the Chapmans violated the terms of their permit by the way they constructed...

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