Order unanimously reversed, with costs, defendant's motion denied and plaintiff's motion granted.
Memorandum:
Plaintiff sued defendant County of Chautauqua for money damages alleging wrongful acts by the Chautauqua County Department of Health in ordering cessation of construction of plaintiff's apartment complexes and in wrongfully denying a variance from a purported moratorium on construction. A notice of claim pursuant to section 50-e of the General Municipal...
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