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WESTHAMPTON BEACH ASSOC., LLC v. INCORPORATED VILLAGE OF WESTHAMPTON BEACH

2015-04281. Index No. 10493/14.

151 A.D.3d 793 (2017)

2017 NY Slip Op 04491

56 N.Y.S.3d 518

WESTHAMPTON BEACH ASSOCIATES, LLC, Appellant, v. INCORPORATED VILLAGE OF WESTHAMPTON BEACH et al., Respondents, et al., Defendants.

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

Decided June 7, 2017.

Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, that branch of the motion of the defendants Incorporated Village of Westhampton Beach and Incorporated Village of Westhampton Beach Board of Trustees which was pursuant to CPLR 3211(a)(3) to dismiss the cause of action for declaratory relief is denied, that branch of the plaintiff...

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