MATTER OF BOARD OF MANAGERS OF OYSTER POINT CONDOMINIUM v. NYCE

2009-10861.

79 A.D.3d 1034 (2010)

914 N.Y.S.2d 229

In the Matter of BOARD OF MANAGERS OF OYSTER POINT CONDOMINIUM, Appellant, v. DAVID NYCE et al., Respondents.

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

Decided December 21, 2010.


Ordered that the judgment is reversed insofar as appealed from, on the law, on the facts, and in the exercise of discretion, with costs, that branch of the respondents/defendants' motion which was pursuant to CPLR 3211 (a) (7) to dismiss the petition/complaint insofar as asserted against the respondent/defendant Greenport Utilities, a Department of the Incorporated Village of Greenport, is denied, the petition/complaint is reinstated insofar as asserted against Greenport...

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