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WEISSMAN REAL ESTATE v. BIG V

268 A.D.2d 101 (2000)

707 N.Y.S.2d 647

ALFRED WEISSMAN REAL ESTATE, INC., Respondent-Appellant, v. BIG V SUPERMARKETS, INC., et al., Appellants-Respondents.

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

May 8, 2000.

Attorney(s) appearing for the Case

Simpson Thacher & Bartlett, New York City (David J. Woll, Nancy L. Swift, Patrick E. King, Nina L. Rifkind and Robert F. Cusumano of counsel), for Big V Supermarkets, Inc., appellant-respondent.

Whiteman Osterman & Hanna, Albany (Philip H. Gitlen and David R. Everett of counsel), for Matthew D. Rudikoff Associates, Inc., appellant-respondent.

Cahill, Gordon & Reindel, New York City (P. Kevin Castel of counsel), for Suburban Properties, Inc., appellant-respondent.

Burke, McGlinn & Miele, Suffern (Patrick T. Burke and James Sweeney, pro se, of counsel), for James Sweeney, appellant-respondent.

Bleakley Platt & Schmidt, White Plains (William P. Harrington, Mark K. Malone and Helen M. Maher of counsel), for respondent-appellant.

SULLIVAN, J. P., KRAUSMAN and H. MILLER, JJ., concur.

OPINION OF THE COURT

S. MILLER, J.

The primary issue raised on this appeal pits fundamental rights to petition the government for private redress against the rights of a property owner to put its land to a reasonable commercial use. Specifically, we are asked to decide whether the plaintiff is entitled to recover damages and to obtain other relief as a consequence of the defendants' manipulation of the governmental process, the object of which was to prevent...

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