LAMOTHE v. THE TOWN OF OYSTER BAY

No. 08CV2078 (ADS) (AKT).

JULIE LAMOTHE and JUSTIN LAMOTHE Plaintiffs, v. THE TOWN OF OYSTER BAY, THE TOWN OF OYSTER BAY DEPARTMENT OF PLANNING AND DEVELOPMENT, VINCENT AQUILINO, Individually and in his Official Capacity, DIANE AQUILINO, TIM ZIKES, Individually and in his Official Capacity, MIKE RATHE, Individually and in his Official Capacity, JOE SPANO, Individually and in his Official Capacity, LYNN BERGE, Individually and in her Official Capacity, JACK LIBERT, Individually and in his Official Capacity, JIM LAREN, Individually and in his Official Capacity, and STEPHEN MORI, Individually and in his Official Capacity, Defendants.

United States District Court, E.D. New York.

July 10, 2009.


Attorney(s) appearing for the Case

THE LAW OFFICE OF STEVEN A. MORELLI, P.C. Carle Place, NY, Steven A. Morelli, Esq., Anthony Christopher Giordano, Esq., Elaine R. Sammon, Esq., Of Counsel, Attorneys for the Plaintiffs.

AHMUTY, DEMERS & MCMANUS, Attorneys for the Town of Oyster Bay and Town of Oyster Bay Department of Planning and Development, Albertson, NY, Christopher Kendric, Esq., Of Counsel.

LAW OFFICES OF JOSEPH W. RYAN, JR., PC, Attorneys for the Defendants Vincent Aquilino and Diane Aquilino, Uniondale, NY, Joseph W. Ryan, Jr., Esq., Of Counsel.

SINNREICH & KOSAKOFF LLP, Attorneys for the Defendants Tim Zikes, Mike Rathie, Joe Spano, and Jack Libert, Central Islip, NY, Timothy F. Hill, Esq., Of Counsel.


MEMORANDUM OF DECISION AND ORDER

ARTHUR D. SPATT, District Judge.

I. BACKGROUND

This case arises out of the purchase of residential property located at 59 Larabee Avenue, Oyster Bay, New York, by the plaintiffs, Julie and Justin Lamothe from the defendants Vincent and Diane Aquilino on April 12, 2005. The home is alleged to have a checkered history, to say the least.

The plaintiffs allege that in 1955, the house was...

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