TAL PROPS. OF POMONA, LLC v. VILLAGE OF POMONA

2021-04391. Index No. 31216/17.

221 A.D.3d 1038 (2023)

201 N.Y.S.3d 445

2023 NY Slip Op 06157

TAL Properties of Pomona, LLC, Appellant, v. Village of Pomona, et al., Respondents.

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

Decided November 29, 2023.


Attorney(s) appearing for the Case

Albert A. Levy , Spring Valley, NY ( Daniel G. Ashburn , pro hac vice, of counsel), for appellant.

Feerick Nugent MacCartney, PLLC, South Nyack, NY ( Brian D. Nugent of counsel), for respondents.

Iannacci, J.P., Genovesi, Dowling and Wan, JJ., concur.


In an action, inter alia, for a judgment declaring that certain roads were the property of the defendant Village of Pomona, the plaintiff appeals from a judgment of the Supreme Court, Rockland County (Thomas J. Zugibe, J.), dated May 10, 2021. The judgment, insofar as appealed from, upon an amended order of the same court dated March 30, 2021, inter alia, granting the defendants' cross-motion to dismiss the complaint as academic, is in favor of the defendants and against...

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