MATTER OF COLUMBUS MONUMENT CORP. v. CITY OF SYRACUSE

309 CA 22-00380.

218 A.D.3d 1184 (2023)

193 N.Y.S.3d 497

2023 NY Slip Op 04000

In the Matter of Columbus Monument Corporation, Individually and as Successor in Interest to the Columbus Monument Association, et al., Respondents, v. City of Syracuse, Appellant, et al., Respondent/Defendant.

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

Decided July 28, 2023.


Attorney(s) appearing for the Case

SUSAN R. KATZOFF , CORPORATION COUNSEL, SYRACUSE, HANCOCK ESTABROOK, LLP ( JOHN G. POWERS OF COUNSEL), FOR RESPONDENT-DEFENDANT-APPELLANT.

ANTHONY J. PIETRAFESA , SYRACUSE, ANTHONY F. ALOI , CICERO, JOHN A. DEFRANCISCO , SANIBEL, FLORIDA, AND FRANCIS J. VAVONESE , BRIDGEPORT, FOR PETITIONERS-PLAINTIFFS-RESPONDENTS.

INTERNATIONAL MUNICIPAL LAWYERS ASSOCIATION, ROCKVILLE, MARYLAND ( ERICH R. EISELT OF COUNSEL), FOR INTERNATIONAL MUNICIPAL LAWYERS ASSOCIATION, AMICUS CURIAE.

Present—Peradotto, J.P., Lindley, Bannister and Montour, JJ.


Appeal from a judgment (denominated order) of the Supreme Court, Onondaga County (Gerard J. Neri, J.), entered March 11, 2022, in a proceeding pursuant to CPLR article 78 and declaratory judgment action. The judgment, insofar as appealed from, denied in part the motion of respondents/defendants to dismiss the amended petition/complaint.

It is hereby ordered that the judgment insofar as appealed from is unanimously reversed...

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