MATTER OF CROWN CASTLE NG E., LLC v. CITY OF RYE

2018-11117. Index No. 50310/18.

207 A.D.3d 624 (2022)

173 N.Y.S.3d 13

2022 NY Slip Op 04626

In the Matter of Crown Castle NG East, LLC, Appellant, v. City of Rye et al., Respondents.

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

Decided July 20, 2022.


Attorney(s) appearing for the Case

Cuddy & Feder LLP (Skadden, Arps, Slate, Meagher & Flom LLP, New York, NY [ Scott D. Musoff , Julie E. Cohen , and Eric Riedel ], of counsel), for appellant.

Sive, Paget & Riesel P.C., New York, NY ( Steven Barshov , Elizabeth Knauer , and Dan Chorost of counsel), for respondents.

Chambers, J.P., Miller, Genovesi and Dowling, JJ., concur.


Ordered that the order and judgment is reversed, on the law, with costs to the appellant, the motion of the respondents/defendants pursuant to CPLR 7804(f) and 3211(a) to dismiss the petition/complaint is denied, the petition/complaint is reinstated, and the matter is remitted to the Supreme Court, Westchester County, for further proceedings, including a determination on the merits of the appellant's cross motion pursuant to CPLR 3211(c) to convert the respondents/defendants...

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