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CKC OF NEW YORK, INC. v. KLEIMAN

255 A.D.2d 286 (1998)

679 N.Y.S.2d 637

CKC of New York, Inc., et al., Appellants, et al., Plaintiffs, v. Joel Kleiman et al., Defendants, and Village of Washingtonville, Respondent

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

November 2, 1998

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the branch of the motion which was to dismiss so much of the action as was asserted by the appellants against the Village of Washingtonville is denied, and the action is reinstated insofar as asserted by the appellants against the Village of Washingtonville.

This CPLR article 78 proceeding, converted into an action for a declaratory judgment...

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