Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion which was to dismiss the second cause of action insofar as asserted against the defendants Geary F. Chumard, William G. McEvilly and Chumard & Associates, and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed, with costs payable to the plaintiff.
The plaintiff Town of Newburgh seeks to recover...
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