MATTER OF PECKHAM MATERIALS CORPORATION v. WESTCHESTER COUNTY


303 A.D.2d 511 (2003)

756 N.Y.S.2d 594

In the Matter of PECKHAM MATERIALS CORPORATION, Respondent, v. WESTCHESTER COUNTY et al., Appellants.

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

Decided March 10, 2003.


Ordered that the order is modified by (1) deleting the provision thereof converting the hybrid proceeding and action solely to an action for a declaratory judgment and (2) deleting the provision thereof denying those branches of the motion which were to dismiss the first and the third through ninth causes of action and substituting therefor a provision granting those branches of the motion; as so modified, the order is affirmed, with costs to the appellants.

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