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MATTER OF UP STATE TOWER CO., LLC v. VILLAGE OF LAKEWOOD

559 CA 18-01717.

175 A.D.3d 972 (2019)

108 N.Y.S.3d 578

2019 NY Slip Op 06286

In the Matter of Up State Tower Co., LLC, Appellant, v. Village of Lakewood et al., Respondents.

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

Decided August 22, 2019.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by denying the motion in part and reinstating the first and fourth causes of action, and as modified the judgment is affirmed without costs.

Memorandum: In this hybrid CPLR article 78 proceeding and declaratory judgment action, petitioner-plaintiff (petitioner) appeals from a judgment granting the motion of respondents-defendants...

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