Tompkins County Board of Health v. Whetzel

Appeal from an order of the Supreme Court (Ellison, J.), entered June 7, 1990 in Tompkins County, which denied plaintiffs’ motion to hold defendant in contempt.

Plaintiffs commenced an action alleging that defendant’s septic system at 608 Valley Road in the Town of Caroline, Tompkins County, violated numerous provisions of the County Sanitary Code, including improper septic filtration. Defendant answered the complaint asserting a general denial. While plaintiffs’ motion for summary judgment striking defendant’s answer was pending, the parties stipulated that defendant would replace the…