Ordered that the order is reversed, on the law, with costs, and the defendant's motion pursuant to CPLR 3211(a)(5) and (7) to dismiss the second amended complaint is granted.
On or about April 19, 2005, the defendant, Town of Oyster Bay, by Resolution No. 312-2005, entered into a concession agreement with nonparty SRB Concession, Inc. (hereinafter SRB), for an initial 20-year term whereby SRB would operate food and beverage concessions at the Town's beach in exchange...
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