3790 3791 Defendant's Exhibit K. OFFICE OF THE CITY CLERK STATE OF NEW YORK, COUNTY OF WESTCHESTER, I, WILLIAM H. MCCABE, City Clerk of the City of Yonkers, do hereby certify that I have compared the foregoing copy of resolution with the original thereof now on file in my office, and that the same is a true and correct copy thereof and of the whole of said original. IN WITNESS THEREOF, I have hereunto set my hand and affixed the seal of the City of Yonkers, this 30th day of March, 1932. (Seal) WM. H. MCCABE, By Ald. Murray: RESOLVED, By the Common Council of the City of Yonkers, in meeting assembled: That the Commissioner of Public Works be requested to discontinue the dumping of refuse on the 3792 Nepperhan Avenue dump. Adopted. Defendant's Exhibit GG. This is the Bill of Particulars of Plaintiff Kelly and is printed at page 47, and the Bill of Particulars of plaintiffs, Moore and Breithack which is printed at page 18 3799 Statement as to Evidence. The foregoing case contains all of the evidence adduced and proceedings had upon the trial herein, together with the exceptions of both sides taken on said trial. 3800 J. S. C. In these actions, which were tried together, the plaintiffs seek a permanent injunction against the defendant, City of Yonkers, restraining it from further use of their respective premises as a public city dump. The plaintiffs also seek incidental relief by way of money damages for the injuries al3804 ready done to those properties. The plaintiffs are the owners of a large tract of land in the heavy industrial zone of the defendant, City of Yonkers. At some time prior to the institution of these actions and to some extent subsequent thereto the defendant has, without the consent of the plaintiffs, used those respective properties for a city dump. In this connection the City, through its employees in its various departments, dumped large quanti |