Cippitelli v. Town of Niskayuna

Appeal from an order of the Supreme Court (Lynch, J.), entered May 22, 1997 in Schenectady County, which granted defendants’ motions to dismiss the complaint for failure to file a new note of issue within one year.

This matter was commenced in 1984. The amended complaint alleges that defendants Fred Jackson, Alexander Jackson and Jackson Demolition, Inc. (hereinafter collectively referred to as Jackson Demolition) used their property, adjoining plaintiffs’ property in the Town of Niskayuna, Schenectady County, in a negligent manner by illegally operating a landfill on the property since 1978.…