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COMMANDEER REALTY v. ALLEGRO

923/2015

49 Misc.3d 891 (2015)

16 N.Y.S.3d 391

2015 NY Slip Op 25276

In the Matter of COMMANDEER REALTY ASSOCIATES, INC., et al., Petitioners, v. JOHN N. ALLEGRO et al., Respondents.

Supreme Court, Orange County.

Decided August 18, 2015.

Attorney(s) appearing for the Case

Zarin & Steinmetz, White Plains, for John N. Allegro and others, respondents.

Hocherman Tortorella & Wekstein, LLP, White Plains, for Town Board of the Town of Blooming Grove, respondent.

Dickover, Donnelly & Donovan, LLP, Goshen, for Town Board of the Town of Monroe, respondent.

Feerick Lynch MacCartney , PLLC, South Nyack, for Village Board of the Village of South Blooming Grove, respondent.

Whiteman Osterman & Hanna LLP, Albany, for Village Board of the Village of Kiryas Joel, respondent.

Sive, Paget & Riesel P.C., New York City, for petitioners.

OPINION OF THE COURT

This proceeding presents an issue of first impression for New York courts as to whether different municipalities may simultaneously attempt to annex the same territory. For the reasons that follow, this court holds that the common-law prior...

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