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262-64 HIGBIE LANE, INC. v. TOWN BOARD OF THE TOWN OF ISLIP

267 A.D.2d 377 (1999)

699 N.Y.S.2d 909

262-64 HIGBIE LANE, INC., Respondent, v. TOWN BOARD OF THE TOWN OF ISLIP et al., Defendants, and ANAK GAS KING, INC., Appellant.

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

Decided December 20, 1999.

Ordered that the orders are reversed insofar as appealed from, on the law, with one bill of costs, the motion for summary judgment is granted, the plaintiff's motion, in effect, for leave to amend the amended complaint is denied, the amended complaint is dismissed insofar as asserted against the appellant, the action against the remaining defendants is severed, and the matter is remitted to the Supreme Court, Suffolk County, for entry of a judgment declaring that the plaintiff...

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