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MATTER OF MADDEN v. VILLAGE OF TUXEDO PARK

2018-08105. Index No. 4229/17.

192 A.D.3d 802 (2021)

144 N.Y.S.3d 220

2021 NY Slip Op 01415

In the Matter of Sean Madden, Appellant, v. Village of Tuxedo Park et al., Respondents.

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

Decided March 10, 2021.

Attorney(s) appearing for the Case

Rosenberg & Estis, P.C., New York, NY ( Warren A. Estis , Norman Flitt , and Alexander R. Yarm of counsel), for appellants Pi Associates, LLC, James Pi, and 3909 Main Street, LLC.

Law Offices of Michael P. Berkley, P.C., Garden City, NY ( Sherry H. Lin of counsel), for appellant Carat & Co., Inc.

James R. Anderson , Harrison, NY, for respondent.

Dillon, J.P., Hinds-Radix, Brathwaite Nelson and Wooten, JJ., concur.

Ordered that the order and judgment is reversed insofar as appealed from, on the law, with costs, the motion of the Village of Tuxedo Park, Claudio Guazzoni, solely in his capacity as Village of Tuxedo Park Trustee, and Debbie Matthews, solely in her capacity as Village Clerk for the Village of Tuxedo Park, in effect, pursuant to CPLR 3211(a)(7) and 7804(f) to dismiss the amended petition is denied, and the amended petition is reinstated.

In 2017, the petitioner made...

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