H.K.S. Hunt Club, Inc. v. Town of Claverack
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtWhite, J.
Appeal from an order of the Supreme Court (Cobb, J.), entered July 11, 1994 in Columbia County, which declared that the parties’ stipulation of settlement waived plaintiff’s claim to prejudgment interest.
Plaintiff is the owner of a 200-acre parcel of property in the Town of Claverack, Columbia County, adjoining a landfill owned by defendant Town of Claverack and operated by defendant Columbia County. In 1989, plaintiff commenced this action setting forth three causes of action: nuisance, continuing trespass and a violation of RPAPL 853. In October 1992, plaintiff served a proposed amended…
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