THE HOLLOWS AT LOCH LEA ASSOCIATION, INC. v. TOWN OF CLARENCE


8 A.D.3d 994 (2004)

778 N.Y.S.2d 587

THE HOLLOWS AT LOCH LEA ASSOCIATION, INC., Respondent, v. TOWN OF CLARENCE, Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

June 14, 2004.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted, the complaint is dismissed and the cross motion is denied.

Memorandum:

Supreme Court erred in denying defendant's motion to dismiss this declaratory judgment action and in granting plaintiff's cross motion for leave to serve an amended complaint. Plaintiff is an incorporated homeowners' association comprised of...

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