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BRAUNSTEIN v. COUNTY OF ROCKLAND

2018-13856, 2021-03292. Index No. 30759/16.

195 A.D.3d 585 (2021)

149 N.Y.S.3d 520

2021 NY Slip Op 03437

Shalom Braunstein et al., Appellants, v. County of Rockland et al., Respondents.

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

Decided June 2, 2021.

Attorney(s) appearing for the Case

Sussman and Associates (Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP, Lake Success, NY [ Howard Fensterman and John S. Cahalan ], of counsel), for appellants.

Thomas E. Humbach , County Attorney, New City, NY ( Larraine S. Feiden of counsel), for respondent County of Rockland.

Harris Beach, PLLC, Pittsford, NY ( H. Todd Bullard of counsel), for respondent Rockland County Health Facilities Corporation.

Austin, J.P., Duffy, Iannacci and Wooten, JJ., concur.

Ordered that the appeal from so much of the order as denied that branch of the plaintiffs' motion which was for summary judgment on the complaint insofar as asserted against the defendant Rockland County Health Facilities Corporation and granted that defendant's cross motion is dismissed; and it is further,

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the cross motion of the defendant County of Rockland...

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