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MATTER OF TITAN CONCRETE, INC. v. TOWN OF KENT

2019-02251. Index No. 500108/18.

202 A.D.3d 972 (2022)

163 N.Y.S.3d 554

2022 NY Slip Op 01029

In the Matter of Titan Concrete, Inc., et al., Respondents, v. Town of Kent, et al., Appellants.

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

Decided February 16, 2022.

Attorney(s) appearing for the Case

Sokoloff Stern, LLP, Carle Place, NY ( Mark A. Radi of counsel), for appellants.

Polsinelli, P.C., NY ( Jason S. Samuels and Aaron E. Zerykier of counsel), for respondents.

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

Ordered that the order and judgment is affirmed insofar as appealed from, with costs.

The petitioner/plaintiff Kent Investors II, LLC (hereinafter Kent Investors), owns commercial property at 301 Route 52 in the Town of Kent, on which a concrete batch plant operated since at least 1949. Kent Investors purchased the property in 2016, and leased it to the petitioner/plaintiff Titan Concrete, Inc. (hereinafter Titan), to refurbish and operate the concrete plant. After...

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