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GLACIAL AGGREGATES LLC v. TOWN OF YORKSHIRE

CA 10-02317

85 A.D.3d 1591 (2011)

925 N.Y.S.2d 295

2011 NY Slip Op 4877

GLACIAL AGGREGATES LLC, Respondent, v. TOWN OF YORKSHIRE, Appellant.

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

Decided June 10, 2011.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Defendant appeals from a judgment awarding plaintiff, inter alia, attorneys' fees pursuant to 42 USC § 1988 (b) as the prevailing party on the cause of action seeking damages pursuant to 42 USC § 1983. We affirm. According to plaintiff, defendant violated its due process rights pursuant to the Fourteenth Amendment of the United States Constitution by...

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