Town of Sardinia v. Gernatt Asphalt Prods., Inc., 12 A.D.3d 1150 (N.Y. App. Div. 4th Dep't 2004). · Go Syfert
Town of Sardinia v. Gernatt Asphalt Prods., Inc., 12 A.D.3d 1150 (N.Y. App. Div. 4th Dep't 2004). Cases Citing This Book View Copy Cite
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At page 1151 Property ownership and compulsion to produce items1 citing case
  • Seddon v. Postigo, 195 A.D.3d 1588 (N.Y. App. Div. 4th Dep't 2021).published
    Those items are the property of a nonparty, specifically a company owned by Postigo's husband, and therefore Postigo cannot be compelled to produce them ( see generally Orzech v Smith , 12 AD3d 1150, 1151 [4th Dept 2004]; Hawley v Hasgo Po…
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Town of Sardinia
v.
Gernatt Asphalt Products, Inc.
Appellate Division of the Supreme Court of the State of New York.
Nov 19, 2004.
Published opinion
12 A.D.3d 1150
2004 N.Y. App. Div. LEXIS 14025
Published

Appeal from a judgment of the Supreme Court, Erie County (Barbara Howe, J.), entered January 2, 2004 after a nonjury trial. The judgment granted a permanent injunction prohibiting defendant from mining at a certain site.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs for the reasons stated in decision at Supreme Court. Present— Hurlbutt, J.P., Scudder, Kehoe, Gorski and Martoche, JJ.