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HUDSON VALLEY MARINE, INC. v. TOWN OF CORTLANDT

30 A.D.3d 378 (2006)

815 N.Y.S.2d 741

HUDSON VALLEY MARINE, INC., Respondent, v. TOWN OF CORTLANDT et al., Appellants.

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

June 6, 2006.

Ordered that the appeal from the order entered December 21, 2004 is dismissed, as that order was superseded by the order entered May 11, 2005 made upon reargument; and it is further,

Ordered that the order entered May 11, 2005 is modified, on the law, by (1) deleting the provision thereof granting the plaintiff's motion and substituting therefor a provision, upon reargument, denying that branch of the plaintiff's motion...

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