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UNITED FAIRNESS v. WOODBURY

10884/2010.

34 Misc.3d 725 (2011)

932 N.Y.S.2d 895

2011 NY Slip Op 21406

UNITED FAIRNESS, INC., Individually and on Behalf of All Persons Similarly Situated, Plaintiff, v. TOWN OF WOODBURY et al., Defendants.

Supreme Court, Orange County.

Decided November 15, 2011.

Attorney(s) appearing for the Case

Tarshis, Catania, Liberth, Mahon & Milligram, PLLC, Newburgh ( Joseph G. McKay of counsel), for Town of Woodbury, defendant.

Feerick, Lynch MacCartney, PLLC, South Nyack ( Bryan D. Nugent of counsel), for Village of Woodbury, defendant.

Eric T. Schneiderman , Attorney General, New York City, for State of New York, defendant.

James Klatsky , New York City, for plaintiff.

OPINION OF THE COURT

LAWRENCE H. ECKER, J.

The decision and order of the court is as follows:1

Facts

The Town of Woodbury and the Village of Woodbury, until 2006, were separate governmental entities within Orange County. In that year, pursuant to a joint consolidation agreement, the two entities merged, created contiguous borders, and have since operated as one entity. Left undisturbed in 2006 was the Village...

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