INCORPORATED VIL. OF FREEPORT v. FREEPORT PLAZA W., LLC

2019-13120, Index No. 602227/18.

206 A.D.3d 703 (2022)

170 N.Y.S.3d 166

2022 NY Slip Op 03713

Incorporated Village of Freeport, Appellant, v. Freeport Plaza West, LLC, Respondent.

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

Decided June 8, 2022.


Attorney(s) appearing for the Case

The Law Office of Steven Cohn, P.C., Carle Plaza, NY ( Susan E. Dantzig of counsel), for appellant.

Harfenist Kraut & Perlstein, LLP, Lake Success, NY ( Steven J. Harfenist of counsel), for respondent.

Dillon, J.P., Duffy, Maltese and Genovesi, JJ., concur.


Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion pursuant to CPLR 3211(a)(7) to dismiss the defendant's counterclaim is granted.

In March 2017, the parties entered into contract wherein the defendant agreed to purchase real property located in the Village of Freeport from the plaintiff. In February 2018, the plaintiff commenced this action against the defendant, alleging, inter alia, that the defendant breached the contract. The...

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