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CONT'L BLDG. v. N. SALEM

150 Misc.2d 145 (1991)

Continental Building Company, Inc., Plaintiff, v. Town of North Salem et al., Defendants.

Supreme Court, Westchester County.

January 10, 1991

Attorney(s) appearing for the Case

Shamberg Marwell Cherneff & Hocherman, P. C. (Stuart R. Shamberg, Geraldine N. Lewis and Adam Wekstein of counsel), for plaintiff. Farrell, Fritz, Caemmerer, Cleary, Barnosky & Armentano, P. C. (James A. Bradley and John M. Armentano of counsel), for defendants.

ALDO A. NASTASI, J.

On the court's own motion its order dated November 16, 1990 is amended in its entirety to read as follows:

Section 1988 of 42 USC provides in relevant part: "In any action or proceeding to enforce a provision of sections * * * 1983 * * * of this title * * * the Court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorneys fee as part...

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