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FRIENDS OF WICKERS CR. ARCHEOLOGICAL SITE, INC. v. LANDING ON THE WATER AT DOBBS FERRY HOMEOWNERS ASSN., INC.

2018-11923. Index No. 68836/17.

198 A.D.3d 726 (2021)

156 N.Y.S.3d 227

2021 NY Slip Op 05547

Friends of Wickers Creek Archeological Site, Inc., Respondent, v. Landing on the Water at Dobbs Ferry Homeowners Association, Inc., Appellant.

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

Decided October 13, 2021.

Attorney(s) appearing for the Case

Braverman Greenspun, P.C., New York, NY ( Jon Kolbrener of counsel), for appellant.

Pace Environmental Litigation Clinic, Inc., White Plains, NY ( Todd D. Ommen of counsel), for respondent.

Austin, J.P., Hinds-Radix, Connolly and Wooten, JJ., concur.

Ordered that the order is affirmed, with costs.

The plaintiff is a not-for-profit corporation whose purpose is to protect and conserve an historic Native American archaeological site near Wickers Creek in Dobbs Ferry. In November 2017, the plaintiff commenced this action against the defendant to recover damages for breach of contract and for declaratory and injunctive relief, seeking to enforce its rights under a so-ordered...

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