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INC. VILL. OF ARDSLEY v. TOWN OF GREENBURGH

55 N.Y.2d 915 (1982)

Incorporated Village of Ardsley, Respondent, v. Town of Greenburgh et al., Appellants.

Court of Appeals of the State of New York.

Decided February 9, 1982.

Attorney(s) appearing for the Case

Allen S. Moller, Town Attorney, for appellants.

Arthur T. Connick, Village Attorney, for respondent.

Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur; Judge JASEN taking no part.

MEMORANDUM.

The order of the Appellate Division should be modified, with costs to appellant, to direct the deletion of the fourth decretal paragraph of the judgment of January 25, 1979, and as so modified, affirmed.

The Scarsdale Bath and Tennis Club could have been acquired for use of residents of the unincorporated area of the Town and of the Village of Ardsley to the exclusion of residents of other villages within...

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