KENNY v. BOARD OF TRUSTEES OF THE INCORPORATED VILLAGE OF GARDEN CITY


261 A.D.2d 367 (1999)

689 N.Y.S.2d 196

JAMES M. KENNY et al., Respondents-Appellants, v. BOARD OF TRUSTEES OF THE INCORPORATED VILLAGE OF GARDEN CITY et al., Appellants-Respondents.

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

Decided May 3, 1999.


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court properly denied the defendants' motion to dismiss the complaint for failure to state a cause of action or, in the alternative, for summary judgment dismissing the complaint. There are questions of fact concerning, inter alia, whether the Village of Garden City "`manifested unequivocally an intention to dedicate the municipally-owned property to public...

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