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WHITLOCK v. TOWN OF ROMULUS

168 CA 22-01055.

218 A.D.3d 1138 (2023)

193 N.Y.S.3d 784

2023 NY Slip Op 03983

Walter H. Whitlock, Individually and as Administrator of the Estate of Stephen E. Whitlock, Deceased, et al., Appellants, v. Town of Romulus et al., Respondents.

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

Decided July 28, 2023.

Attorney(s) appearing for the Case

LACY KATZEN LLP, ROCHESTER (JAMES HAROLD KIEBURTZ OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

THE CROSSMORE LAW OFFICE, ITHACA (EDWARD Y. CROSSMORE OF COUNSEL), FOR DEFENDANTS-RESPONDENTS BARRY A. SCHNOLL AND BETH E. MOSKOW.

LIPPMAN O'CONNOR, BUFFALO (MATTHEW J. DUGGAN OF COUNSEL), FOR DEFENDANT-RESPONDENT CAYUGA EXCAVATING, INC.

Present—Whalen, P.J., Peradotto, Lindley, Bannister and Ogden, JJ.

Appeal from an order of the Supreme Court, Seneca County (Jason L. Cook, A.J.), entered May 18, 2022. The order denied the motion of plaintiffs for summary judgment on liability and for injunctive relief.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiffs and defendants Barry A. Schnoll and Beth E. Moskow own adjoining parcels of lakefront property. Prior to 2016, surface water was discharged...

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