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TOWN OF N. ELBA v. GRIMDITCH

520007

131 A.D.3d 150 (2015)

13 N.Y.S.3d 601

2015 NY Slip Op 05740

TOWN OF NORTH ELBA et al., Respondents-Appellants, v. CAROLYN W. GRIMDITCH, as Personal Representative and Executor of the Estate of WILLIAM H. GRIMDITCH JR., Deceased, et al., Appellants-Respondents. (Action No. 1.). JOHN M. McMILLIN III et al., Respondents-Appellants, v. WAYNE H. GRIMDITCH et al., Appellants-Respondents. (Action No. 2.).

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

Decided July 2, 2015.

Attorney(s) appearing for the Case

Whiteman, Osterman & Hanna, LLP, Albany ( John J. Henry of counsel) and James M. Brooks , Lake Placid, for appellants-respondents.

Powers & Santola, LLP, Albany ( Michael Hutter of counsel) and Briggs Norfolk, LLP, Lake Placid ( Ronald J. Briggs of counsel), for Town of North Elba and another, respondents-appellants.

McNamee, Lochner, Titus & Williams, PC, Albany ( John J. Privitera of counsel), for John M. McMillin III and others, respondents-appellants.

McCARTHY, J.P., LYNCH and DEVINE, JJ., concur.

OPINION OF THE COURT

Cross appeals from an order of the Supreme Court (Buchanan, J.), entered October 6, 2014 in Essex County, which, among other things, granted plaintiffs' motions for summary judgment.

The underlying facts and related procedural history — detailing the numerous prior motions and various requests...

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