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PEOPLE v. AVILAS, INC.

29 A.D.3d 764 (2006)

816 N.Y.S.2d 136

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AVILAS, INC., Appellant.

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

May 16, 2006.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed, and the notice of pendency filed by the plaintiff is cancelled.

This action involves a parcel of real property in Suffolk County acquired by the defendant under the condition that it continue to be used as a sump for the collection of drain waters. The plaintiff commenced this action to regain title to the property...

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