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VENDITTI v. INC. VILL. OF BROOKVILLE

96 A.D.2d 887 (1983)

Delia Venditti et al., Respondents, v. Incorporated Village of Brookville et al., Appellants, et al., Defendants

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

August 15, 1983

Order affirmed, with costs.

We agree with Special Term that in view of the conflicting affidavits material issues of fact exist as to whether the individual plaintiffs have suffered an "injury in fact", thus precluding summary judgment (see Sillman v Twentieth Century-Fox Film Corp., 3 N.Y.2d 395). Particularly is this so in light of the trend in this State toward a liberal position in favor of finding standing and determining...

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