Town of Eastchester v. Shawn's Lawns, Inc.

In an action to recover damages for injury to real property, the plaintiffs appeal from (1) an order of the Supreme Court, Westchester County (Nicolai, J), entered October 13, 2006, which granted the motion of the defendants Shawn’s Lawns, Inc., and Sean Wendell to compel access to their real property for the purpose of conducting sampling and testing of certain fill material, and directed them to pay any costs of repairing the geomembrane after the sampling, and (2) an order of the same court entered January 31, 2007, which denied that branch of their motion which was for leave to reargue…