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W.E. REST., INC. v. WILSON

38 A.D.3d 762 (2007)

833 N.Y.S.2d 126

W.E. REST., INC., Doing Business as THE DORY, Respondent, v. MARY C. WILSON, Appellant.

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

Decided March 20, 2007.

Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is granted.

The plaintiff, which owns a restaurant, commenced this action against the defendant, Mary C. Wilson, a clerk in the Town of Shelter Island Building Department, alleging that she maliciously contacted the Suffolk County Department of Health Services for the purpose of triggering a wastewater review of the plaintiff's restaurant in order...

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