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TOWN OF PUTNAM VALLEY v. SACRAMONE

16 A.D.3d 669 (2005)

792 N.Y.S.2d 191

TOWN OF PUTNAM VALLEY, Respondent, v. ANN MARIE SACRAMONE, Appellant.

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

March 28, 2005.

Ordered that the order is affirmed, with costs.

The defendant's contention that the Supreme Court improperly granted summary judgment based upon an unpleaded cause of action is without merit. Although the Supreme Court granted summary judgment pursuant to Putnam Valley Zoning Law § 165-44, which was not pleaded in the complaint, summary judgment was properly granted under that section because the proof supported a cause...

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