MATTER OF CLOVER/ALLEN'S CR. NEIGHBORHOOD ASSN. LLC v. M & F, LLC

286 CA 18-02078.

173 A.D.3d 1828 (2019)

2019 NY Slip Op 05280

In the Matter of Clover/Allen's Creek Neighborhood Association LLC, Appellant, v. M&F, LLC, et al., Collectively Doing Business as Daniele Family Companies, et al., Respondents, et al., Respondents/Defendants.

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

Decided June 28, 2019.


It is hereby ordered that the order and judgment so appealed from is unanimously modified on the law by denying the motions in part with respect to the second cause of action and vacating the fifth and sixth decretal paragraphs and as modified the order and judgment is affirmed without costs.

Memorandum: Petitioner-plaintiff (petitioner), a limited liability company formed for the purpose of, among other things, protecting the recreational character of the area around...

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