MATTER OF TOWN OF GENEVA v. CITY OF GENEVA


63 A.D.3d 1544 (2009)

880 N.Y.S.2d 819

In the Matter of TOWN OF GENEVA, by and on Behalf of TOWN BOARD, TOWN OF GENEVA, and on Behalf of TOWN OF GENEVA SEWER DISTRICT No. 1, Appellant, v. CITY OF GENEVA et al., Respondents.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided June 5, 2009.


It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the motion is denied, the petition/complaint is reinstated, and respondents/ defendants are granted 20 days from service of the order of this Court with notice of entry to serve and file an answer.

Memorandum: Although respondents/defendants (respondents) moved to dismiss this hybrid CPLR article 78 proceeding and plenary action against them under various paragraphs...

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