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MUTUAL AID ASSN. OF THE PAID FIRE DEPT. OF THE CITY OF YONKERS, N.Y., INC. v. CITY OF YONKERS

2017-07164. Index No. 66024/16.

199 A.D.3d 815 (2021)

156 N.Y.S.3d 424

2021 NY Slip Op 06178

Mutual Aid Association of the Paid Fire Department of the City of Yonkers, New York, Inc., Respondent, v. City of Yonkers et al., Appellants, et al., Defendants.

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

Decided November 10, 2021.

Attorney(s) appearing for the Case

Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP, White Plains, NY ( Robert A. Spolzino of counsel), for appellants City of Yonkers, City of Yonkers City Council, and City of Yonkers Department of Housing and Buildings.

DelBello Donnellan Weingarten Wise & Wiederkehr, LLP, White Plains, NY ( Michael J. Schwarz and Peter J. Wise of counsel), for appellant FC Yonkers Associates, LLC.

Silverberg Zalantis, LLC, Tarrytown, NY ( Katherine Zalantis and Christie Tomm Addona of counsel), for respondent.

Dillon, J.P., Christopher, Wooten and Dowling, JJ., concur.

Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs to the appellants appearing separately and filing separate briefs, those branches of the motion of the defendants City of Yonkers, City of Yonkers City Council, and City of Yonkers Department of Housing and Buildings, and the separate motion of the defendant FC Yonkers Associates, LLC, which were pursuant to CPLR 3211(a) to dismiss the first through fourth causes of action insofar...

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