MATTER OF COMA REALTY CORP. v. DAVIS

2018-01201. Index No. 221/17.

200 A.D.3d 975 (2021)

161 N.Y.S.3d 125

2021 NY Slip Op 07283

In the Matter of Coma Realty Corp., Respondent-Appellant, v. James E. Davis et al., Appellants-Respondents.

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

Decided December 22, 2021.


Attorney(s) appearing for the Case

Jessica Molinares Kalpakis , Acting County Attorney, Mineola, NY ( Robert F. Van der Waag of counsel), for appellants-respondents.

Koeppel Martone & Leistman, LLC, Mineola, NY ( Donald F. Leistman , Jamie P. Alpern , Michael P. Guerriero , Ris&edie; E. Rosen , Carol Rizzo , Myrna A. Cadet-Osse , Jason M. Penighetti , and Ryan C. Hild of counsel), for respondent-appellant.

Dillon, J.P., Barros, Wooten and Zayas, JJ., concur.


Ordered that the order and judgment is modified, on the law, (1) by deleting the provision thereof, in effect, denying and dismissing the first cause of action in the petition/complaint, and (2) by deleting the provision thereof granting the seventh cause of action in the petition/complaint and declaring Nassau County Administrative Code § 6-30.0(f) and (j) unconstitutional; as so modified, the order and judgment is affirmed insofar as appealed and cross-appealed from...

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