SUMITOMO BANK OF NEW YORK TRUST COMPANY v. TOWN OF NORTH HEMPSTEAD


261 A.D.2d 393 (1999)

689 N.Y.S.2d 525

SUMITOMO BANK OF NEW YORK TRUST COMPANY, Respondent, v. TOWN OF NORTH HEMPSTEAD et al., Defendants, and TOWN OF BABYLON, Appellant.

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

Decided May 3, 1999.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was to dismiss the first and fifth causes of action is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.

At issue on this appeal is the viability of the plaintiff's first cause of action (breach of a consent agreement...

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