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RB HEMPSTEAD, LLC v. INCORPORATED VILLAGE OF HEMPSTEAD

34 A.D.3d 552 (2006)

824 N.Y.S.2d 407

RB HEMPSTEAD, LLC, Appellant, v. INCORPORATED VILLAGE OF HEMPSTEAD et al., Respondents.

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

Decided November 14, 2006.

Ordered that the appeal from the order is dismissed as academic; and it is further,

Ordered that the order and judgment is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the respondent Incorporated Village of Hempstead.

On its motion to dismiss, the defendant Incorporated Village of Hempstead (hereinafter the Village) provided evidence that clearly established that the plaintiff failed to assert causes...

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