PHOENIX LIFE INS. CO. v. TOWN OF OYSTER BAY

2017-05821. Index No. 605451/16.

186 A.D.3d 763 (2020)

129 N.Y.S.3d 451

2020 NY Slip Op 04607

Phoenix Life Insurance Company, Respondent, v. Town of Oyster Bay, Appellant.

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

Decided August 19, 2020.


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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