KAPLAN v. INCORPORATED VILLAGE OF LYNBROOK


12 A.D.3d 410 (2004)

784 N.Y.S.2d 586

NANCY KAPLAN et al., Appellants, v. INCORPORATED VILLAGE OF LYNBROOK, Respondent.

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

November 8, 2004.


Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the plaintiffs' contention, the defendant was entitled to summary judgment dismissing the 12th cause of action pursuant to Environmental Conservation Law article 8 (hereinafter SEQRA). The defendant established a prima facie case for summary judgment by showing that it did not violate SEQRA by failing to conduct a proper environmental review because the defendant's work on a drainage...

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