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BROOKHAVEN BAYMEN'S ASSOCIATION, INC. v. TOWN OF SOUTHAMPTON

2009-08735.

85 A.D.3d 1074 (2011)

926 N.Y.S.2d 594

2011 NY Slip Op 5646

BROOKHAVEN BAYMEN'S ASSOCIATION, INC., et al., Appellants, v. TOWN OF SOUTHAMPTON et al., Respondents.

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

Decided June 28, 2011.

Ordered that the order is modified, on the law, by deleting the provision thereof granting the defendants' cross motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint for failure to state a cause of action and substituting therefor a provision denying the cross motion; as so modified, the order is affirmed, without costs or disbursements.

The plaintiffs are commercial fishermen and women and an association of baymen...

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