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MELCHNER v. TOWN OF CARMEL

2018-02673. Index No. 500395/17.

195 A.D.3d 803 (2021)

2021 NY Slip Op 03830

Charles Melchner et al., Appellants, v. Town of Carmel et al., Respondents, et al., Defendants.

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

Decided June 16, 2021.

Attorney(s) appearing for the Case

Law Office of Daniel W. Isaacs, PLLC, New York, NY, for appellants.

Miranda Sambursky Slone Sklarin Verveniotis LLP, Mineola, NY ( Maurizio Savoiardo of counsel), for respondents.

Rivera, J.P., Barros, Christopher and Wooten, JJ., concur.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendants Town of Carmel, Frank Delcampo, Connie Munday, Kenneth Schmitt, Norman Marino, Carmine DiBattista, Frank Lombardi, Richard O'Keefe, Susan McDonough, Robert Ravallo, Doris Stahl, and Michael Carnazza which was pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against them is denied.

The plaintiffs, Charles Melchner...

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