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TOWN OF HUNTINGTON v. TOWN OF OYSTER BAY

55 A.D.2d 641 (1976)

Town of Huntington, Appellant, v. Town of Oyster Bay, Respondent

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

December 20, 1976

Order reversed, on the law, without costs or disbursements, and motion denied.

The time within which defendant may serve its responsive pleading is extended until 10 days after service of notice of entry of the order to be made hereon pursuant to CPLR 3211 (subd [f]). The complaint is sufficient on its face (see New York Trap Rock Corp. v Town of Clarkstown, 299 N.Y. 77). A motion to dismiss pursuant to CPLR 3211 (subd [a]) may be considered by the court as...

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