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SMITH v. STEPHENS MEDIA GROUP-WATERTOWN, LLC

1238 CA 13-02246.

125 A.D.3d 1370 (2015)

GARY J. SMITH et al., Respondents, v. STEPHENS MEDIA GROUP-WATERTOWN, LLC, Appellant.

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

Decided February 6, 2015.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting defendant's motion in part and dismissing the claim pursuant to Town Law § 268 (2), and as modified the order is affirmed without costs.

Memorandum: Plaintiffs commenced this action seeking enforcement of Town of Rutland Code § 130-48 (E) (1) (g), which requires that "[t]he minimum setback distance of a communications...

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