Diamond v. Liberman

Appeal from an order of the Supreme Court at Special Term, entered January 2, 1973 in Tompkins County, which denied plaintiff’s motion, pursuant to CPLR 3211 (subd. [b]), for an order dismissing a defense, and denied motions by both plaintiff and defendant, pursuant to CPLR 3212, for summary judgment. Plaintiff Commenced this action pursuant to section 429-b of the Conservation Law (now Environmental Conservation Law, § 15-0505) to enjoin defendant from further placing fill in the navigable waters of Cayuga Lake adjacent to his property without first obtaining a permit to do so; for an…