THOMAS v. TRUSTEES OF THE FREEHOLDERS & COMMONALTY OF THE TOWN OF SOUTHAMPTON

2018-05020. Index No. 21519/15.

202 A.D.3d 858 (2022)

2022 NY Slip Op 00894

Kathleen Araskog Thomas et al., Appellants, v. Trustees of the Freeholders and Commonalty of the Town of Southampton et al., Respondents, et al., Defendants.

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

Decided February 9, 2022.


Attorney(s) appearing for the Case

Nica B. Strunk , Southampton, NY, for appellants.

Sokoloff Stern LLP, Carle Place, NY ( Steven C. Stern and Chelsea Weisbord of counsel), for respondent Trustees of the Freeholders and Commonalty of the Town of Southampton.

Devitt Spellman Barrett, LLP, Smithtown, NY ( Theodore D. Sklar of counsel), for respondent Village of Southampton.

Letitia James , Attorney General, New York, NY ( Anisha S. Dasgupta and Mark S. Grube of counsel), for respondent New York State Department of Environmental Conservation.

Iannacci, J.P., Chambers, Miller and Ford, JJ., concur.


Ordered that the order is modified, on the law, (1) by deleting the provision thereof, in effect, searching the record and awarding the defendant Village of Southampton summary judgment dismissing the fourth, seventh, and eighth causes of action insofar as asserted against it, and (2) by deleting the provision thereof granting that branch of the cross motion of the defendant Trustees of the Freeholders and Commonalty of the Town...

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