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BERNER v. TOWN OF HUNTINGTON

193 Misc.2d 331 (2002)

749 N.Y.S.2d 656

TADEUSZ BERNER et al., Plaintiffs, v. TOWN OF HUNTINGTON, Defendant.

Supreme Court, Suffolk County.

August 13, 2002.

Attorney(s) appearing for the Case

John J. Leo, Town Attorney, Huntington (Margaret Pezzino of counsel), for defendant.

Tartamella, Tartamella & Fresolone, Hauppauge, for plaintiffs.

OPINION OF THE COURT

ROBERT A. LIFSON, J.

Defendant moves for an order pursuant to CPLR 2221 granting defendant leave to reargue its motion for summary judgment which was denied by decision and order of this court dated April 4, 2002 (Lifson, J.).

In the decision and order as to which reargument is sought, the court determined that the plaintiffs' claim was not barred based upon the absence of prior written...

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