TOWN OF HEMPSTEAD v. COUNTY OF NASSAU

2018-10461. Index Nos. 602286/15, 10870/15.

189 A.D.3d 1504 (2020)

139 N.Y.S.3d 242

2020 NY Slip Op 07942

Town of Hempstead, Appellant, v. County of Nassau et al., Respondents. (Action No. 1.) Town of North Hempstead, Appellant, v. County of Nassau et al., Respondents. (Action No. 2.)

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

Decided December 23, 2020.


Attorney(s) appearing for the Case

Jaspan Schlesinger LLP, Garden City, NY ( Lisa A. Cairo and Christopher E. Vatter of counsel), for appellant in Action No. 1.

Leonard G. Kapsalis , Town Attorney, Manhasset, NY ( Amanda Abata of counsel), for appellant in Action No. 2.

Jared A. Kasschau , County Attorney, Mineola, NY ( Adam M. Moss and Robert F. Van der Waag of counsel), for respondents.

Rivera, J.P., Leventhal, LaSalle and Brathwaite Nelson, JJ., concur.


Ordered that the order is reversed, on the law, with one bill of costs to the plaintiff in action No. 1 payable by the defendants and one bill of costs to the plaintiff in action No. 2 payable by the defendants, the motion of the plaintiff in action No. 1 for summary judgment on the complaint is granted and the cross motion of the defendants for summary judgment dismissing the complaint in action No. 1 is denied, the motion of the plaintiff in action No. 2 for summary judgment...

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