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ESPIE v. TOWN OF POUGHKEEPSIE

35 A.D.3d 349 (2006)

824 N.Y.S.2d 729

THOMAS ESPIE et al., Appellants, v. TOWN OF POUGHKEEPSIE et al., Respondents, et al., Defendant.

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

Decided December 5, 2006.

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

Unless the underlying dispute is "open to resolution through a form of proceeding for which a specific limitation period is statutorily provided" (Solnick v Whalen, 49 N.Y.2d 224, 229-230 [1980]), a declaratory judgment action is subject to a six-year statute of limitations (see Saratoga County Chamber of Commerce v Pataki, 100...

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