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LIBERTY MEADOWS, LLC v. INCORPORATED VIL. OF PORT JEFFERSON

41840-2008

2009 NY Slip Op 29245

LIBERTY MEADOWS, LLC, Plaintiff, v. THE INCORPORATED VILLAGE OF PORT JEFFERSON, BOARD OF TRUSTEES OF THE VILLAGE OF PORT JEFFERSON AND THE VILLAGE OF PORT JEFFERSON PLANNING BOARD, Defendants.

Supreme Court of the State of New York, Suffolk County.

Decided May 13, 2009.

Attorney(s) appearing for the Case

Linda Margolin, LLP, Bracken & Margolin, LLP, Islandia, New York, Attorney for Plaintiff.

Meyer, Suozzi, English & Klein, PC, A. Thomas Levin, Esq., Garden City, New York, Attorney for Defendant.

Emily Pines, J.

Plaintiff, Liberty Meadows LLC moves, by Notice of Motion (motion sequence number 001) for an order pursuant to CPLR § 3212 granting Plaintiff Judgment declaring that Section 220-44 of the Code of the Village of Port Jefferson is void and invalid, and in derogation of State law. Defendant, Village of Port Jefferson opposes the motion on the grounds: 1) that the action is barred by the statute of limitations since a form of the code...

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