Mazo v. Town of Shawangunk

In an action for money damages, *598plaintiffs move pursuant to CPLR 3211 (subd [b]) for an order dismissing the defendant’s affirmative defenses and defendant cross-moves for summary judgment in its favor or for leave to serve an amended answer.

In November, 1970 plaintiffs instituted an action for a permanent injunction upon allegations that the maintenance and operation by the defendant herein of an open disposal area on lands adjacent to the plaintiffs’ lands constituted a nuisance. That litigation was settled upon the entry of a consent judgment on or about April 12, 1974 which directed the…