Dean v. Cross

Appeal from so much of an order of the Supreme Court at a Trial Term, entered August 9, 1979 in Greene County, as denied plaintiffs’ motion to amend their complaint and for an assessment of damages. Plaintiffs commenced this action on August 26, 1978 against Howard Thorp and Robert Cross by service of a summons, complaint and order to show cause with a temporary restraining order enjoining the defendant from allowing petroleum products to enter the underground water table and permeate plaintiffs’ residence. On September 7, 1978, an order was entered granting a preliminary injunction and…