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ATALAYA ASSET INCOME FUND II, LP v. HVS TAPPAN BEACH, INC.

2016-11912, Index No. 600517/16.

175 A.D.3d 1370 (2019)

108 N.Y.S.3d 169

2019 NY Slip Op 06583

Atalaya Asset Income Fund II, LP, Respondent, v. HVS Tappan Beach, Inc., et al., Defendants, and Town of Oyster Bay, Appellant.

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

Decided September 18, 2019.

Attorney(s) appearing for the Case

Quinn Emanuel Urquhart & Sullivan, LLP, New York, NY ( Jonathan E. Pickhardt , Rex Lee , and Monica E. Tarazi of counsel), for appellant.

Law Office of Steven Cohn, P.C., Carle Place, NY ( Alan S. Zigman of counsel), for respondent.

Rivera, J.P., Duffy, Connolly and Iannacci, JJ., concur.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion of the defendant Town of Oyster Bay pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against it is granted.

On or about July 11, 2014, the defendant Town of Oyster Bay entered into a concession agreement with the defendant HVS Tappan Beach, Inc. (hereinafter HVS), whereby HVS, as the concessionaire...

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