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SCHIAVONI v. VILLAGE OF SAG HARBOR

285 A.D.2d 638 (2001)

728 N.Y.S.2d 399

FRANCIS G. SCHIAVONI et al., Respondents, v. VILLAGE OF SAG HARBOR et al., Defendants, ALLISON M. BOND et al., Intervenors-Appellants, et al., Intervenors-Defendants.

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

Decided July 30, 2001.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was to dismiss the complaint is granted, upon searching the record, the defendants' cross motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint is granted, so much of the order as denied the cross motion is vacated, and the complaint is dismissed.

In 1980 the plaintiffs contracted to purchase certain...

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