MATTER OF CLAIROL DEVELOPMENT LLC v. VILLAGE OF SPENCERPORT

CA 12-00356.

100 A.D.3d 1546 (2012)

954 N.Y.S.2d 389

In the Matter of CLAIROL DEVELOPMENT, LLC, et al., Respondents, v. VILLAGE OF SPENCERPORT et al., Appellants.

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

November 16, 2012.


It is hereby ordered that the order so appealed from is unanimously modified on the law by denying that part of petitioners' motion with respect to the proposed first and second causes of action and as modified the order is affirmed without costs.

Memorandum: Respondents appeal from an order in a proceeding pursuant to CPLR article 78 that granted petitioners' motion for leave to amend their petition. We reject respondents' contention that Supreme Court erred in failing...

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