Ordered that the judgment is reversed, on the law, with costs, the motion is denied, the order dated April 7, 2008 is modified accordingly, and the matter is remitted to the Supreme Court, Suffolk County for further proceedings on the complaint.
The plaintiffs and two others commenced a prior action seeking to compel the defendants and the Building Inspector of the Village of Westhampton Dunes to process and grant their application for a building permit for the construction...
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