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

2021-01010, Index No. 602227/18.

206 A.D.3d 705 (2022)

170 N.Y.S.3d 155

2022 NY Slip Op 03714

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

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

Decided June 8, 2022.

Attorney(s) appearing for the Case

Harfenist Kraut & Perlstein, LLP, Lake Success, NY ( Steven J. Harfenist and Andrew C. Lang of counsel), for appellant-respondent.

The Law Office of Steven Cohn, P.C., Carle Plaza, NY ( Susan E. Dantzig and Mitchell R. Goldklang of counsel), for respondent-appellant.

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

Ordered that the appeal from so much of the order dated January 7, 2021, as denied that branch of the defendant's motion which was for summary judgment on its counterclaim is dismissed as academic; and it is further,

Ordered that the cross appeal is dismissed as academic; and it is further,

Ordered that the order dated January 7, 2021, is affirmed insofar as reviewed on the appeal; and it is further,

Ordered that one bill of costs is awarded to the...

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