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MATTER OF SALMON v. FLACKE

Court of Appeals of the State of New York.
Feb 14, 1984

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.