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ISNADY v. WALDEN PRESERV., L.P.

2018-00268. Index No. 7058/16.

208 A.D.3d 564 (2022)

173 N.Y.S.3d 586

2022 NY Slip Op 04903

Will Isnady, Appellant, v. Walden Preservation, L.P., et al., Respondents.

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

Decided August 10, 2022.

Attorney(s) appearing for the Case

Barry D. Haberman , New City, NY, for appellant.

London Fischer LLP, New York, NY ( Brian P. McLaughlin , Eric A. Thorsen , and Myra Needleman of counsel), for respondent Walden Preservation, L.P.

Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, White Plains, NY ( Eliza M. Scheibel and Janine A. Mastellone of counsel), for respondents Village of Walden and Village of Walden Police Department.

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

Ordered that the order is modified, on the law, (1) by deleting the provision thereof granting that branch of the motion of the defendants Village of Walden and Village of Walden Police Department which was pursuant to CPLR 3211(a) to dismiss so much of the complaint insofar as asserted against them as sought a declaratory judgment, and adding a provision thereto deeming that branch of those defendants' motion to be for a declaratory judgment in their favor, and thereupon...

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