BROWNE v. TOWN OF HAMPTONBURGH


76 A.D.2d 848 (1980)

Robert C. Browne et al., Appellants, v. Town of Hamptonburgh et al., Respondents

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

June 9, 1980


Order dated July 26, 1978, reversed, on the law, without costs or disbursements, and the county's motion to dismiss the complaint denied. Order dated March 16, 1979, reversed insofar as appealed from, on the law, without costs or disbursements, and the town's motion for summary judgment as to the causes of action based on the theory of a de facto taking is denied.

As a matter of discretion in the interest of justice, the plaintiffs are granted leave to serve...

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