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HYDE PARK v. VAN WAGNER'S

147 Misc.2d 25 (1990)

Hyde Park Fire & Water District et al., Plaintiffs, v. Van Wagner's Bard Builders, Inc., et al., Defendants.

Supreme Court, Dutchess County.

March 29, 1990

Attorney(s) appearing for the Case

Corbally, Gartland & Rappleyea for defendants. Nixon, Hargrave, Devans & Doyle for plaintiffs.

JAMES D. BENSON, J.

This motion by defendants for an order dismissing the complaint pursuant to CPLR 3211 (a) (3), (5) and (7) is denied.

In this action for a declaratory judgment and an injunction, the plaintiff is a district corporation created by acts of the New York Legislature for the purpose of providing an adequate water supply and distribution system to residents of the district. It sues the...

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