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EAST HAMPTON LIVESTOCK CORP. v. FLEMING

53 A.D.3d 641 (2008)

862 N.Y.S.2d 108

EAST HAMPTON LIVESTOCK CORP., Respondent, v. THOMAS R. FLEMING et al., Defendants, and CHRISTIAN CARINO et al., Appellants.

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

Decided July 29, 2008.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the defendants' motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (1) insofar as asserted against the appellants is granted, and the plaintiff's motion for a preliminary injunction is denied as academic.

In 1982, the plaintiff East Hampton Livestock Corp. (hereinafter EHLC) received approval to subdivide a portion of its 28-acre farm located in Montauk...

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