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LIBBEY v. VILLAGE OF ATLANTIC BEACH

No. 13-CV-2717(JS)(ARL).

982 F.Supp.2d 185 (2013)

Alberta LIBBEY; Victoria Libbey Simao; Richard Libbey; Pamela Makaea; M.A. Salazar, Inc; and Atlantic Beach Associates, Inc., Plaintiffs, v. VILLAGE OF ATLANTIC BEACH; Board of Trustees of the Village of Atlantic Beach; Stephen R. Mahler, individually and as Mayor of the Village of Atlantic Beach; Steven Cherson, individually and as Building Inspector and Superintendent of Public Works for the Village of Atlantic Beach; R & W/Engineers, P.C., and Michael L. Williams, Defendants.

United States District Court, E.D. New York.

November 4, 2013.

Attorney(s) appearing for the Case

Frank Scaturro, Esq., Fisher Broyles, LLP, New Hyde Park, NY, for Plaintiffs.

James R. Finn, Esq., Maurizio Savoiardo, Esq., Michael Anthony Miranda, Esq., Robert E.B. Hewitt, III, Esq., Miranda Sambursky Slone Sklarin Verveniotis LLP, Mineola, NY, for Defendants, Village Defendants.

James C. Clerkin, Esq., Kral, Clerkin, Redmond, Ryan, Perry & Girvan, New York, NY, for Defendants Engineering Defendants.

MEMORANDUM & ORDER

SEYBERT, District Judge:

Plaintiffs Alberta Libbey, Victoria Libbey Simao, Richard Libbey, Pamela Makaea, M.A. Salazar, Inc., and Atlantic Beach Associates, Inc. (collectively "Plaintiffs") commenced this action on May 6, 2013 against Defendants Village of Atlantic Beach (the "Village"); the Board of Trustees of the Village of Atlantic Beach; Stephen R. Mahler, individually and as Mayor of the Village of Atlantic Beach; Steven...

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