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LEIGH v. ASSESSOR OF THE TOWN OF ISLIP

96 A.D.2d 834 (1983)

Jonathan W. Leigh et al., Respondents, v. Assessor of the Town of Islip et al., Appellants

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

August 1, 1983

Order affirmed, with costs.

Defendants' motion to dismiss the complaint on the ground that the action was improperly brought in the form of an action for a declaratory judgment was properly denied under the circumstances of this case (see C.H.O.B. Assoc. v Board of Assessors of County of Nassau, 45 Misc.2d 184, affd 22 A.D.2d 1015, affd 16 N.Y.2d 779; Zinder v Board of Assessors...

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