Nodine v. Board of Trustees

— Judgment, insofar as it dismisses the petition, unanimously reversed and matter remitted to Special Term for further proceedings in accordance with memorandum, and judgment, insofar as it dismisses the counterclaim, unanimously modified and counterclaim severed to continue as an action pursuant to section 871 of the Real Property Actions and Proceedings Law, all without costs. Memorandum: On the record Special Term had before it conflicting affidavits, purportedly by experts, which arrived at contrary conclusions as to whether a hazardous condition was presented by the service station…