SEAVIEW AT AMAGANSETT, LTD. v. TRUSTEES OF FREEHOLDERS & COMMONALTY OF TOWN OF E. HAMPTON

2017-05072. Index No. 34714/09.

191 A.D.3d 717 (2021)

142 N.Y.S.3d 162

2021 NY Slip Op 00584

Seaview at Amagansett, Ltd., et al., Appellants, et al., Plaintiffs, v. Trustees of Freeholders and Commonalty of Town of East Hampton et al., Respondents, et al., Defendants. Jay H. Baker and Pat Good Baker Joint Trust, Nonparty-Appellant.

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

Decided February 3, 2021.


Attorney(s) appearing for the Case

Esseks, Hefter, Angel, Di Talia & Pasca, LLP, Riverhead, NY ( Stephen R. Angel , Anthony C. Pasca , and Patricia M. Carroll of counsel), for appellants Seaview at Amagansett, Ltd., Dunes at Napeague Property Owners Association, Inc., Tides Homeowners Association, Inc., Whalers Lane Homeowners Association, Inc., Robert Cristofaro, and Robert Cooperman.

Arnold & Porter Kaye Scholer LLP, New York, NY ( James M. Catterson , Margaret A. Rogers , and Stephanna F. Szotkowski of counsel), for appellant Ocean Estates Property Owners Association, Inc., and nonparty-appellant (one brief filed).

Anthony B. Tohill, P.C., Riverhead, NY, for respondent Trustees of the Freeholders and Commonalty of the Town of East Hampton, and Goldstein, Rikon, Rikon & Houghton, P.C., New York, NY ( Michael Rikon of counsel), for respondent Town of East Hampton (one brief filed).

Mastro, A.P.J., Chambers, Iannacci and Christopher, JJ., concur.


Ordered that the appeal by nonparty Jay H. Baker and Pat Good Baker Joint Trust is dismissed, without costs or disbursements; and it is further,

Ordered that the judgment is modified, on the law and on the facts, by deleting the provisions thereof dismissing the plaintiffs' first, second, and third causes of action insofar as asserted against the defendants Trustees of the Freeholders and Commonalty of the Town of East Hampton and Town of East Hampton, and substituting...

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