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HONESS 52 CORP. v. TOWN OF FISHKILL

266 A.D.2d 510 (1999)

698 N.Y.S.2d 718

HONESS 52 CORP., Respondent, v. TOWN OF FISHKILL et al., Appellants.

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

Decided November 29, 1999.

Ordered that the notice of appeal is deemed an application for leave to appeal from so much of the order as deferred resolution of the plaintiff's cross motion to hold the defendants in civil contempt, and leave to appeal is granted (see, CPLR 5701 [c]); and it is further,

Ordered that the order is reversed insofar as appealed from, on the law, the motion to dismiss is granted in its entirety, the cross motion is denied, and the complaint is dismissed in its...

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