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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