Ordered that the order and judgment is reversed, on the law, the petitioner's motion for summary judgment is denied, and the matter is remitted to the Supreme Court, Suffolk County, for further proceedings.
The court erred in granting summary judgment to the respondents pursuant to CPLR 3212 (b). The court's determination was premised on its view that Public Health Law § 1340 does not apply to municipalities. That enactment provides, inter alia, that the...
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