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ASTORIA LANDING, INC. v. NEW YORK CITY COUNCIL

2017-04196. Index No. 703002/16.

186 A.D.3d 1593 (2020)

129 N.Y.S.3d 844

2020 NY Slip Op 05174

Astoria Landing, Inc., Appellant, v. New York City Council et al., Respondents.

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

Decided September 30, 2020.

Ordered that the order is modified, on the law, by deleting the provision thereof granting the defendants' motion pursuant to CPLR 3211(a) to dismiss the complaint, and adding a provision thereto deeming the motion to be for a judgment declaring that Administrative Code of the City of New York § 25-207(a) does not violate the plaintiff's federal and state constitutional rights to due process, and thereupon granting the motion; as so modified, the order is affirmed, with...

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