CELLA v. SUFFOLK COUNTY

2021-01187. Index No. 620580/17.

220 A.D.3d 911 (2023)

199 N.Y.S.3d 109

2023 NY Slip Op 05387

Elizabeth Cella et al., Appellants, v. Suffolk County, Respondent.

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

Decided October 25, 2023.


Attorney(s) appearing for the Case

Government Justice Center, Inc., Albany, NY ( Cameron J. Macdonald of counsel), for appellants.

Stagg Wabnik Law Group LLP, Garden City, NY ( Thomas E. Stagg of counsel), for respondent.

Dillon, J.P., Chambers, Maltese and Warhit, JJ., concur.


In a putative class action, inter alia, for declaratory relief, the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Sanford Neil Berland, J.), dated December 31, 2020. The order, insofar as appealed from, denied the plaintiffs' motion for summary judgment on the cause of action for declaratory relief and granted the defendant's motion pursuant to CPLR 3211(a) to dismiss the complaint.

Ordered that the order is modified, on the law, by deleting...

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