HERITAGE HILLS SOCIETY, LTD. v. HERITAGE DEVELOPMENT GROUP, INC.


56 A.D.3d 426 (2008)

867 N.Y.S.2d 149

HERITAGE HILLS SOCIETY, LTD., et al., Appellants, v. HERITAGE DEVELOPMENT GROUP, INC., et al., Respondents.

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

November 5, 2008.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiffs commenced this action on October 11, 2005. The gravamen of the complaint is that the defendants constructed sub-par lighting for Heritage Hills of Westchester, a residential community located in the Town of Somers, Westchester County, and thereafter failed to properly maintain and repair that lighting.

The defendants demonstrated their prima facie entitlement to judgment...

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