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NORTH OYSTER BAY BAYMEN'S ASSOCIATION v. TOWN OF OYSTER BAY

2016-00162. Index No. 9210/11.

150 A.D.3d 865 (2017)

55 N.Y.S.3d 258

2017 NY Slip Op 03762

NORTH OYSTER BAY BAYMEN'S ASSOCIATION et al., Respondents, v. TOWN OF OYSTER BAY et al., Defendants, and FRANK M. FLOWER & SONS, INC., Appellant.

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

Decided May 10, 2017.

Ordered that the order is reversed, on the law, with costs, and the plaintiffs' motion pursuant to CPLR 8404 to disallow an item taxed by the Nassau County Clerk in the sum of $69,000 paid by the defendant Frank M. Flower & Sons, Inc., to secure an undertaking to stay enforcement of a judgment and to direct the Nassau County Clerk to amend the judgment from the sum of $76,133.30 to the sum of $7,133.30 is denied.

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