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BT HOLDINGS, LLC v. VILLAGE OF CHESTER

2016-05428, 2018-02654, 2018-09517. Index No. 1480/15.

189 A.D.3d 754 (2020)

137 N.Y.S.3d 458

2020 NY Slip Op 07157

BT Holdings, LLC, Respondent-Appellant, v. Village of Chester et al., Appellants-Respondents.

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

Decided December 2, 2020.

Attorney(s) appearing for the Case

Feerick Lynch MacCartney & Nugent, PLLC, South Nyack, NY ( Donald J. Feerick, Jr. , Mary E. Marzolla , and Patrick A. Knowles of counsel), for appellants-respondents.

Jacobowitz & Gubits, LLP, Walden, NY ( Kelly A. Pressler and Kara J. Cavallo of counsel), for respondent-appellant.

Dillon, J.P., Cohen, Connolly and Christopher, JJ., concur.

Ordered that the appeal from the order dated May 11, 2016, is dismissed; and it is further,

Ordered that the judgment is reversed, on the law, that branch of the defendants' motion which was pursuant to CPLR 3211(a) to dismiss the first through fourth causes of action is granted, that branch of the defendants' motion which was for summary judgment dismissing those causes of action is denied as academic, the complaint is dismissed, and the order dated May 11, 2016...

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