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LONG ISLAND BOTTLE GAS & SUPPLY CORP. v. TOWN OF SMITHTOWN

250 A.D.2d 649 (1998)

672 N.Y.S.2d 426

Long Island Bottle Gas and Supply Corp., Appellant, v. Town of Smithtown, Respondent. (Action No. 1.) Long Island Bottle Gas and Supply Corp., Appellant, v. Town of Brookhaven, Respondent. (Action No. 2.)

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

May 11, 1998

Ordered that the order and judgment is modified by deleting therefrom the provision granting the defendants' respective cross motions for summary judgment and dismissing the complaints and substituting therefor a provision denying the cross motions; as so modified, the order and judgment is affirmed, with one bill of costs to the plaintiff, and the complaints are reinstated.

On a motion for summary judgment, the party seeking...

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