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Matter of Salmon v. Flacke

Court of Appeals of the State of New York
Feb 14, 1984
462 N.E.2d 123 (N.Y. 1984)

Opinion

Argued January 5, 1984

Decided February 14, 1984

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, VINCENT E. DOYLE, J.

Richard J. Lippes for appellant.

Richard N. Blewett for Richard Penfold, respondent.



Orders affirmed, without costs, for reasons stated in the memoranda at the Appellate Division ( 91 A.D.2d 867, 868). We would only add that, in other circumstances, there might be proof of change in the level of operation so substantial as to be sufficient to remove an activity from the exclusion clause of ECL 8-0111 (subd 5, par [a]), notwithstanding that the basic nature of the activity remains unchanged.

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and KAYE. Taking no part: Judge SIMONS.


Summaries of

Matter of Salmon v. Flacke

Court of Appeals of the State of New York
Feb 14, 1984
462 N.E.2d 123 (N.Y. 1984)
Case details for

Matter of Salmon v. Flacke

Case Details

Full title:In the Matter of CLINTON A. SALMON, Individually and as Supervisor of the…

Court:Court of Appeals of the State of New York

Date published: Feb 14, 1984

Citations

462 N.E.2d 123 (N.Y. 1984)
462 N.E.2d 123
473 N.Y.S.2d 946

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