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STYLIANOU v. INCORPORATED VILLAGE OF OLD FIELD

23 A.D.3d 454 (2005)

805 N.Y.S.2d 573

ALEX STYLIANOU et al., Appellants, v. INCORPORATED VILLAGE OF OLD FIELD, Respondent.

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

November 14, 2005.

Ordered that the order dated December 2, 2004, is reversed insofar as appealed from, on the law, that branch of the plaintiff's motion which was for leave to renew is granted and, upon renewal, the defendant's motion to dismiss the complaint is denied, the order dated September 27, 2004, is vacated, and the complaint is reinstated; and it is further,

Ordered that the appeal from the order dated September 27, 2004, is dismissed as academic in light of our determination...

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