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MATTER OF HABERMAN v. ZONING BD. OF APPEALS OF THE CITY OF LONG BEACH

2015-11494, Index No. 1138/04.

152 A.D.3d 685 (2017)

2017 NY Slip Op 05726

59 N.Y.S.3d 402

In the Matter of SINCLAIR HABERMAN et al., Petitioners, v. ZONING BOARD OF APPEALS OF THE CITY OF LONG BEACH et al., Respondents, and Rocco MORELLI et al., Respondents.

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

Decided July 19, 2017.

Ordered that the corrected order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendants Rocco Morelli, Lenny Torres, Marcel Weber, Michael Fina, Stuart Banschick, Lorrain Divone, and Michael Leonetti which was, in effect, to dismiss the sixth cause of action insofar as asserted against them is denied.

In this long dispute over a building project, the Supreme Court issued an order dated September 13, 2010 (hereinafter...

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