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TOWN OF PUTNAM VALLEY v. CABOT

50 A.D.3d 775 (2008)

856 N.Y.S.2d 166

TOWN OF PUTNAM VALLEY et al., Respondents, v. THOMAS CABOT et al., Defendants, and ALEXANDER KASPAR, Appellant.

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

Decided April 8, 2008.

Ordered that the order is modified, on the law, by adding a provision thereto that the plaintiff Town of Putnam Valley shall be liable for any damages sustained by the defendant Alexander Kaspar if it is finally determined that it was not entitled to an injunction in accordance with CPLR 2512 (1); as so modified, the order is affirmed insofar as appealed from, with costs, and the matter is remitted to the Supreme Court, Putnam County, to fix the maximum amount of the Town...

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